'I'm not God,' AIM president says in response to workplace deaths at Saint John plant
Herbert Black says he’ll implement any WorkSafeNB recommendations
"Shit happens in life," says Herb Black, president and owner of American Iron and Metal, the Saint John scrap yard where two workers have died in the past seven months.
"The people who say it never happens, nothing happens, are dreaming in 3D. It does happen, and we have to address all the variables, all the issues, to the best of our ability."
Black spoke with reporters at length in Saint John on Tuesday, addressing "a lot of curiosity about what transpired" leading to the deaths of the two workers at the west side metal recycling plant.
He blamed human error for the first death, a man whose name has not been public, and said he couldn't see how the more recent death, of Darrell Richards, could have been prevented.
"I've been in business for 62 years and I've never had anyone die until two years ago," said Black, 78. "I don't know how to prevent it at this juncture."
WATCH | 'He decides:' AIM owner explains who's responsible for worker safety
When asked who was responsible for safety at AIM, Black said, "You have to make a connection with the Lord and ask him. I'm not God. I don't decide."
Black later clarified that there are people whose job it is to carry out safety monitoring, but he declined to provide details specific to safety practices at AIM Atlantic.
He would not say whether safety rules were posted on the site or provide details about any personal protective equipment workers would have been wearing.
Black did share new information on the circumstances of the two deaths at AIM, which signed a 40-year-lease for its scrap yard with the Port of Saint John in 2002 and has since been the site of fires and dozens of loud explosions. There have been threats of legal action, and mayors, a member of Parliament, and community members have called for AIM's licence to be suspended.
The American Iron and Metal property on the west side of Saint John. (Julia Wright/CBC )
In November, Black said, a truck driver died when his driver-side door became stuck and the worker decided "to go around and get out of the door on the right-hand side of the truck, which is completely blind."
Instead of walking around the front of the truck to signal to the crane operator, the worker then climbed between the tractor and the trailer and through a small hatch into the trailer.
- 'Enough is enough,' MP says after 2nd death in 7 months at Saint John recycling plant
- Family speaks out after Saint John man killed at American Iron and Metal plant
He was killed, Black said, when the crane operator swept the truck out with a broom attachment.
"The crane operator had no idea that anybody was in that trailer," he said. "It was impossible to know. And he gets killed."
"You want to fault the procedures of the crane operator, you want to fault the procedures of AIM, you want to fault that we're not doing a professional job after having a million trucks unloaded that way?
"Maybe he was in a rush, and maybe he was anxious, god knows what he was thinking when he came out that door. He obviously didn't think about the crane that was still operating. Human error. We all make mistakes in life. I don't know what the prevention of that is."
AIM's
operations in Saint John have courted controversy since the company
signed a 40-year-lease with the Port of Saint John in 2002. (Julia Wright / CBC)
Daughter-in-law of late worker speaks
Krista Collins, the daughter-in-law of lifelong tradesman Darrell Richards, was also in attendance at the news conference and shed light on Richards's death.
Richards, 60, died July 1 of injuries he suffered while cutting into a paper roll with a saw.
As he made the second cut through, "something caused the roll to decompress," Collins said. "I wouldn't call it an explosion. It wasn't ignited, there was no burns, there was nothing of that nature. It was just laceration to his leg that caused the bleeding."
Darrell
Richards, who died July 1 in a workplace accident at American Iron and
Metal, is remembered by family and friends as a multi-talented,
hardworking man who loved to entertain and made everyone he met feel
important. (Submitted by Rick Richards)
Collins said she and the family do not bear AIM any ill feeling.
"The general population is looking at AIM like it's a bad place, and it's not fair to the people who work there. They're there feeding their families, they are your neighbours, their children go to school with your children.
"We just want to mourn and get over this."
Krista
Collins, the daughter-in-law of late AIM worker Darrell Richards, said
she bears no 'ill feeling' toward the company but that social media
speculation and rumours about Richards's death have caused the family
additional pain. (Julia Wright / CBC)
'I'm not God'
WorkSafeNB is investigating both of the recent deaths at the yard.
WorkSafe spokesperson Laragh Dooley told CBC on July 6 that once the investigations are completed, depending on the findings, WorkSafe "may recommend that the Department of Justice lay charges against AIM for violations of the Occupational Health and Safety Act and its regulations."
In July, WorkSafeNB issued a stop work for the piece of machinery involved in Richards's death.
No stop work order was issued in November.
WorkSafe has said "complex investigations, such as this one, can take 12 months or more to conclude."
In the meantime, "I don't see how it could have been prevented," Black said. "I genuinely don't. But I welcome an investigation and I welcome somebody coming and showing me that they can teach me something that I don't know.
"Listen, I'm not God. I only have the experience I've accumulated over 62 years."
ABOUT THE AUTHOR
True and neither is CBC
"Shit happens in life," says Herb Black, president and owner of American Iron and Metal, the Saint John scrap yard where two workers have died in the past seven months."
Just stay still, bud. Help's on the way.' Inquest into AIM death hears details of rescue efforts
How paramedics at the scene and doctors in the ER worked on Darrell Richards, attempting to save his life
William McLeod, an inspector at American Iron & Metal in Saint John, doesn't remember hearing any loud or unusual noises the day Darrell Richards was fatally injured cutting into a pressurized calender roll at the scrapyard nearly two years ago.
He just remembers Richards's cousin Justin saying, "Look at the flock of birds," and seeing the sky "dark," "just filled with stuff."
As McLeod wondered to himself, "Are these birds?" the debris "just kept coming. It was falling down to the ground."
"And then Justin right away said, 'Anybody got eyes on Darrell?'"
'No idea what happened'
McLeod rushed to the scene and found the 60-year-old contractor lying on the ground. He called out his name and shook his arm as he checked him over for injuries and called 911.
Richards sat up and grabbed his hand to get up. "I thought he was going to break my hand," said McLeod. "Darrell was a very strong man."
"I said, 'Darrell, you've been in an accident. … Just stay still bud. Help's on the way.'"
McLeod's testimony was one of several a coroner's inquest heard this week about the dramatic efforts June 30, 2022, to save the life of Richards.
McLeod had "no idea what happened, what was going on," but saw Richards's jeans were torn and that he was bleeding from his groin area.
"I ripped my shirt off to plug the hole [and] put pressure there," and asked another employee who came over to lean on him to keep from getting up, he said.
Richards had been working alone, attempting to strip cotton material from the calender roll — a 24,000-kilogram cylinder of steel used in paper production, so it could be chopped up and recycled, the inquest heard.
These rolls are typically lined with 13,000 to 15,000 pounds of cotton sheets, which are compressed under as much as 2,600 tonnes of pressure.
Richards was sitting on the roll when he cut into it with a circular saw. The inquest saw a short security video showing the sudden release of energy that wounded Richards and sent pieces of the blue material flying high in the air and scattering across the west side facility.
The jury recommended changes in safety, communication, purchasing and inspection to try to prevent future deaths or injuries.
Was joking around, 'Darrell being Darrell'
There were "no tags, no warnings, no nothing" on the calender rolls, said McLeod, who, like other employees, testified he was unaware of the potential dangers of decommissioning them. "When I looked at [the material], it looked like Bristol board, things that kids would do projects on," he said.
The
red line illustrates the first cut Darrell Richards made in the
calender roll in an attempt to release the blue cotton material, and the
yellow line illustrates his second cut, when he was fatally injured. (Michel Cyr, WorkSafeNB)
"If Darrell would have known anything about these things, he would have been [nowhere] near that," he said, describing Richards as very safety-conscious and the first to speak up if someone wasn't wearing their protective gear.
Despite his severe injury, Richards was still talking and joking around as they waited for emergency crews, said McLeod. "Darrell being Darrell," he said, as members of Richards's family nodded knowingly from the front row of the courtroom. "To know Darrell was to love Darrell."
Ambulance not equipped for this type of injury
Saint John police Const. Jennifer Bergeron was the first to arrive on scene. She was working on the north side with an auxiliary member when the call about an industrial accident at AIM came in at 1:32 p.m.
"The report we got was that an explosion occurred and that there was a male who was injured," she said.
They were not dispatched, but were on the Wall Street overpass and Bergeron "figured that was a quick hop on the highway, get right there."
Four minutes later, AIM security escorted them to Richards, who "was complaining of being hot, that he was having a hard time catching his breath," she said.
Bergeron instructed McLeod to continue applying pressure and "not a minute later … medics arrived."
Norma Hicks, a primary care paramedic with Ambulance New Brunswick, said she and her partner arrived within seven minutes, which is a standard response time. They weren't sure where they were going, but saw the police vehicle's flashing lights and followed those.
"There was a lot of people standing around and … obviously a lot of chaos because people are scared and excited," said Hicks, who has about 24 years of experience.
This is a type of accident or injury that doesn't need me, he needs a hospital.
- Norma Hicks, paramedic
Richards was lying on his side, so she asked others to help roll him onto his back so she could assess him.
He was "cut quite badly in between the legs," she said. "I asked my partner to grab towels, blankets, anything" to try to pack the wound and control the bleeding. "We have medical equipment, but not for that type of injury."
Hicks called for an advanced care paramedic, who is able to administer a blood-clotting medication. Unfortunately, none were working that day, she said.
"This is a type of accident or injury that doesn't need me, he needs a hospital. So it's very quickly noted that we need to get out of there."
Trauma team ready
After just seven minutes on scene, they were en route to the Saint John Regional Hospital and radioed ahead to let them know they were coming, she said.
Richards was conscious and alert but bleeding profusely and became very confused, said Hicks. They lost his pulse just down the street from the hospital so she began CPR and they went straight to the trauma area where a medical team was waiting for them, she said.
Dr. Sharon Chiu, a general surgeon who specializes in abdominal trauma, was among the more than a dozen doctors, nurses and other specialists. She said Richards underwent about 40 minutes of CPR.
Dr.
Sharon Chiu testified 'it was really all hands on board to try and save
Mr. Richards’s life. She told the inquest, 'There is usually one
anesthesiologist with any type of operation. Two if it’s really bad. And
we had three.' (Roger Cosman/CBC)
"When you've lost so much blood, the heart stops beating. So what you have to do is what we call fill up the tank." They activated the "massive transfusion protocol," and Richards received about 22 units of blood at that point, as well as platelets, plasma, and blood-clotting medication.
An endovascular balloon was inserted to close up the aorta, the main blood vessel that comes out of the heart, to reduce the blood flow to the rest of the body, said Chiu. That helped slow the bleeding enough to transport him to the operating theatre, she said.
Blood vessels torn, muscle and bone bleeding
Chiu and another surgeon checked Richards's groin area to see if there was anything they could clamp or close but were unable to control the bleeding. They tried to go through his belly instead and a vascular surgeon joined them.
"We found that everything was bleeding," she said. "All the blood vessels, the big ones, were torn." They clipped and tied as many as the could, said Chiu, but discovered there was also muscle and bone bleeding. "It was not good."
"The only way to stop those kinds of things is with an interventional radiologist in the interventional radiology suite … and you have to have a stable patient to get there."
They decided they had to stop. Richards was entering the "lethal triad," where a patient gets cold, their platelets that help with clotting stop working and their pH drops.
The best option at that point is to close the patient up and move them to intensive care, where they can be warmed up and transfused, said Chiu. "Then hopefully if everything stables out, 24 to 48 hours, you go back to the operating theatre."
'Not survivable'
But Richards never stabilized. He was pronounced dead at 2:05 a.m. on July 1.
The cause of death was deemed to be hypovolemic shock, or severe blood loss causing organ failure, said community coroner Fred Fearon.
Chiu credited the quick actions of those at the scene and the emergency responders with helping Richards survive as long as he did. "Unfortunately his injuries were too severe."
They were "not survivable." Not in 2022 and not today, she said.
Deputy chief coroner Michael Johnston, the presiding coroner at the inquest, thanked Chiu.
"You would be one of the several folks that are often unseen by the community or obviously by the patient during such a tragedy. And I think this has been a good explanation of what goes on behind the scenes to try to save a life," he said.
"And I really want to sincerely thank you for what you do every day."
"Crown prosecutor Patrick Wilbur, said coroner services speaks for the dead to protect the living, and inquests help satisfy the community 'that the circumstances surrounding the death of one of its members will not be overlooked, concealed or ignored."
That has been blatantly obvious for years
Deja Vu???
Deputy chief coroner Michael Johnston delivered his instructions to the jury at the Saint John courthouse Wednesday morning after 16 witnesses testified over two days regarding the death of Darrell Richards at the west side metal recycling facility
"The inquest is a "fact-finding mission," not a criminal trial or civil lawsuit, Johnston reminded the jury.
"Therefore I'm instructing you that you may not express any conclusion of civil or criminal responsibility and are prohibited from naming any person or persons responsible for any act or omission which may have contributed to the death of Mr. Richards."
The jurors must determine when, where, how and by what means Richards came to his death.
As you and Higgy well know I am not fond of Unions
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Patrick R. WIlbur Professional Corp. Jan 1996 to May 2004 · 8 yrs 5 mos Saint John, New Brunswick, CanadaBarrister and Solicitor
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New Brunswick Dental Society Apr 1996 to Apr 2004 · 8 yrs 1 mo Fredericton, New Brunswick, CanadaRegistrar of Complaints
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Registrar
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Correia & Collins Jun 1993 to Dec 1996 · 3 yrs 7 mos Saint John, New Brunswick, CanadaBarrister and Solicitor
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Lawyer
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Gilbert McGloan Gillis Jun 1991 to 1994 · 2 yrs 8 mosArticling student and Barrister and Solicitor
Education
PATRICK WILBUR
Contact Information
Phone : (506) 453-2784
Fax : (506) 453-5364
Email : PPS-spp.info@gnb.ca
From: Higgs, Premier Blaine (PO/CPM) <Blaine.Higgs@gnb.ca>
Date: Fri, May 20, 2022 at 12:18 PM
Subject: RE: Attn Patrick R. Wilbur I just called
To: David Amos <david.raymond.amos333@gmail.com>
Hello,
Thank you for taking the time to write.
Due to the volume of incoming messages, this is an automated response to let you know that your email has been received and will be reviewed at the earliest opportunity.
If your inquiry more appropriately falls within the mandate of a Ministry or other area of government, staff will refer your email for review and consideration.
Merci d'avoir pris le temps de nous écrire.
En raison du volume des messages reçus, cette réponse automatique vous informe que votre courriel a été reçu et sera examiné dans les meilleurs délais.
Si votre demande relève plutôt du mandat d'un ministère ou d'un autre secteur du gouvernement, le personnel vous renverra votre courriel pour examen et considération.
If this is a Media Request, please contact the Premier’s office at (506) 453-2144 or by email
S’il s’agit d’une demande des médias, veuillez communiquer avec le Cabinet du premier ministre au 506-453-2144.
Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-
Tel./Tel. : (506) 453-2144
Email/Courriel: premier@gnb.ca / premierministre@gnb.ca
From: David Amos <david.raymond.amos333@gmail.com>
Date: Fri, May 20, 2022 at 12:14 PM
Subject: Attn Patrick R. Wilbur I just called
To: <patrick.wilbur@gnb.ca>, blaine.higgs <blaine.higgs@gnb.ca>, robert.mckee <robert.mckee@gnb.ca>, hugh.flemming <hugh.flemming@gnb.ca>, Bill.Hogan <Bill.Hogan@gnb.ca>, Mike.Comeau <Mike.Comeau@gnb.ca>, Marco.Mendicino <Marco.Mendicino@parl.gc.ca>, Mark.Blakely <Mark.Blakely@rcmp-grc.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>
Patrick R. Wilbur
Called to the bar: 1992 (NB)
Crown Prosecutor's Office
Crown Prosecutor
10 Peel Plaza
PO Box 5001
Saint John, New Brunswick E2L 4Y9
Phone: 506-658-2580
Fax: 506-658-3061
Email: patrick.wilbur@gnb.ca
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 14 Mar 2021 18:34:52 -0300
Subject: Methinks Mr McKee cannot deny that the Crown should practice
full discloursure with regards to my involvement in these matters
N'esy Pas Higgy, and Madame Sturgeon, Mr Jones amd Mr Magee of the
coporate media?
To: james.fowler@fowlerlawpc.com, Guillaume.LeBlanc@fowlerlawpc.
"robert.mckee" <robert.mckee@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, James.McAvity@gnb.ca, shara.munn@gnb.ca,
corry.toole@gnb.ca, remi.allard@gnb.ca, maurice.blanchard@gnb.ca,
claude.hache@gnb.ca, christopher.titus@gnb.ca, "John.Williamson"
<John.Williamson@parl.gc.ca>, "Dominic.Cardy@gnb.ca. \"Ross.Wetmore\""
<Ross.Wetmore@gnb.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Robert.
Jones" <Robert.Jones@cbc.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
Newsroom <Newsroom@globeandmail.com>, Luc.LaBonte@gnb.ca,
oldmaison@yahoo.com, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
"jake.stewart" <jake.stewart@gnb.ca>, "jeff.carr"
<jeff.carr@bellaliant.net>, "Sherry.Wilson" <Sherry.Wilson@gnb.ca>,
"martin.gaudet" <martin.gaudet@fredericton.ca>
<Mark.Blakely@rcmp-grc.gc.ca>, Tom.Critchlow@rcmp-grc.gc.ca, tj
<tj@burkelaw.ca>, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
greg.byrne@gnb.ca, "Jack.Keir" <Jack.Keir@gnb.ca>,
jbosnitch@gmail.com, law@shapirohalpern.com, joshuahalpern@outlook.com
Cc: David.Raymond.Amos333@gmail.co
<blaine.higgs@gnb.ca>, "Shane.Magee" <Shane.Magee@cbc.ca>, Nathalie
Sturgeon <sturgeon.nathalie@brunswickne
Out of the Gate I should ask where was the media and WHY the very
corrupt RCMP did not remain true to their promise to the local
politicians and arrest anyone else in Moncton today???
https://www.facebook.com/what4
Could it be that Canadians have had enough of this malicious lock down
nonsense and are hitting the streets in tidal waves all over the
country just before questionable budgets are tabled and confidence
votes begin?
Go Figure
https://www.facebook.com/lizkr
Deja Vu Anyone???
https://www.facebook.com/TalkN
Talk New Brunswick
JcsteefScapdnounaresoyrh 2m3ehd ·
This happened in front of Premier Higgs home today
https://www.facebook.com/lizkr
If you don't want to watch the whole thing it ends with her being arrested.
Methinks the Crown Attorneys in New Brunswick must now that Liz Kramer
ran against their current boss Teddy Baby Flemming in the last
election now even though Higgy had her arrested before all the people
in Moncton were yet CBC won't talk about it but an Irving newsrag
certainly did CORRECT???
COVID-19
One arrested in protest outside Premier Higgs's house
Published an hour ago
Marlo Glass | Telegraph-Journal
SAINT JOHN • One person was arrested at a demonstration outside of
Premier Blaine Higgs's house in Quispamsis on Saturday afternoon.
The Kennebecasis Regional Police Force confirmed they were on the
scene enforcing the mandatory order of the Emergency Measures Act.
Zone 2, which includes the greater Saint John area, moved into phase
red of the province's pandemic recovery plan on Jan. 20. Sgt. Kim
Bennett confirmed one arrest was made.
"There have been demonstrations for the past few Saturdays, and the
police have been on the scene as well," said Bennett.
Liz Kramer of Rothesay, who streamed a video of the demonstration on
her Facebook page, told the Telegraph-Journal she was arrested for
disturbing the peace, as well as
ticketed for violating the Emergency Measures Act for not wearing a mask.
Craig McDougall, the officer in charge of the police response to the
gathering, was not available for comment at the time of publication.
Kramer ran in the 2020 provincial election as an independent candidate
for the Rothesay riding.
The Telegraph-Journal asked the premier's oce for comment on
Saturday but did not receive a response by publication time.
Kramer returned to the premier's house on Sunday to "let everyone know
she wasn't afraid," she said. She received another ticket for not
wearing a mask in her car with another person.
She says she is "protesting the non-justification of a continued state
of emergency," and that she "isn't an anti-masker, just a
freedom-lover."
On Saturday, she was issued an additional ticket for protesting
outside the premier's house the week prior.
Kramer said she intends to fight the tickets in court on March 18.
https://pipsc.ca/news-issues/a
President Daviau asks political leaders in New Brunswick where they stand
PIPSC President, Debi Daviau has reached out to all political leaders
in New Brunswick to clarify their positions on issues that matter most
to our members.
Read the letter
Several hundred PIPSC members live and work in New Brunswick. Our
membership in the province includes Crown Prosecutors, Crown Counsel,
Legal Aid Services employees, agrologists and agronomists, engineers,
architects and land surveyors, as well as veterinarians and veterinary
pathologists.
All who have continued to provide critical services to the people of
New Brunswick during the COVID 19 crises. And many who have been on
the front lines of the provincial and federal response to the
pandemic.
President Daviau has asked each party to clarify what their position
is on the following issues:
(1) If elected, what will your party do to ensure an effective,
well-funded provincial public service continues to be in place in the
years ahead?
(2) If elected, in light of ongoing health concerns related to the
COVID-19 pandemic, what will your party do to ensure the safety of our
members returning to their regular work locations? And will your party
support appropriate work-life balance accommodations for our members
and their families given the continued uncertainty regarding what will
constitute the “new normal” in the future?
(3) If elected, will your party ensure that our members receive fair
compensation that is competitive with those of their counterparts
across Canada? As you may know, public service professionals in New
Brunswick are currently among the lowest paid in the country.
(4) With the move from a defined benefit pension plan to a shared risk
pension plan, our members are now left with a retirement plan that
delivers less and costs more. If elected, what will your party do to
address this shortfall?
We are a non-partisan union and ready to collaborate with the next New
Brunswick government to ensure that New Brunswickers continue to
receive the excellent public services that they expect and depend on.
Published on 8 September 2020
https://pipsc.ca/groups/nbcp/e
NBCP Group Executive
President
Christopher T. Titus
Group : NBCP
Department : OAG
Phone : 1-506-658-2580
Email : christopher.titus@gnb.ca
Vice-President
Claude Haché
Group : NBCP
Department : OAG
Phone : 1-506-453-2784
Email : claude.hache@gnb.ca
Secretary
Maurice Blanchard
Group : NBCP
Department : OAG
Phone : 1-505-856-3536
Email : maurice.blanchard@gnb.ca
Treasurer
Rémi Allard
Group : NBCP
Department : OAG
Phone : 1-506-856-2310
Email : remi.allard@gnb.ca
Member
Corry Toole
Group : NBCP
Department : OAG
Phone : 1-506-643-2381
Email : corry.toole@gnb.ca
Member
Shara Munn
Group : NBCP
Department : OAG
Phone : 1-506-658-2610
Email : shara.munn@gnb.ca
https://www.cbc.ca/news/canada
Protesters who allegedly violated N.B. COVID rules hire Ontario lawyer
Judge rejects request to bar media from publishing name of one of five
facing charges
Shane Magee · CBC News · Posted: Mar 10, 2021 2:40 PM AT
Two people arrested and charged following a protest outside Moncton
city hall in January have hired an Ontario lawyer who unsuccessfully
requested a publication ban to restrict reporting the name of one of
those facing charges. (Radio-Canada )
A provincial court judge on Wednesday denied a request to prohibit
media from reporting the name of one of five people charged with
violating New Brunswick's COVID-19 rules at a protest in Moncton.
The request was made by Ontario lawyer Joshua Halpern, who is
representing Bathurst residents Nicholas DeAngelis, 34, and
31-year-old Britney Green.
DeAngelis and Green were arrested and charged following the Jan. 24
protest outside Moncton city hall. Both were scheduled to appear in
Moncton provincial court Wednesday to enter pleas on the charges they
face.
Neither were present, but were represented by Halpern, who appeared by phone.
"I'd like to request a publication ban on this file," Halpern told
Provincial Judge Brigitte Volpé after she read the charges against
DeAngelis.
Publication bans are standard for the names of victims of sexual
crimes and for those under 18 facing charges, but the names of adults
charged are public record because of the open court principle.
Prosecutor opposed request
"I understand there's been a lot of media attention around this and he
feels he's being harassed by the media," Halpern said.
The defence lawyer sought the ban based on a section of the criminal
code that allows barring names of witnesses and victims of crime at
the request of a Crown prosecutor.
Crown prosecutor Maurice Blanchard opposed the request, saying he
didn't believe such a ban would be allowed.
"Unless I'm mistaken, your client is the accused, not a victim here,"
the judge said.
"Not a victim, but he is a witness as well as being an accused," Halpern said.
"The section under which you're [requesting the ban], in my opinion,
doesn't permit me to do that," Volpé said, adding Halpern could file
an application seeking such a ban and a hearing would need to be held
to consider the request.
DeAngelis faces criminal charges of causing a disturbance at a
Superstore in Moncton by screaming, mischief by interfering with the
use of property, and resisting two police officers on Dec. 31, 2020.
DeAngelis is alleged to have violated the province's Emergency
Measures Act on Dec. 31 by not wearing a mask, not wearing a mask in
Shediac on Jan. 22 and Jan. 24 by taking part in a gathering of more
than five people while not physically distanced and not wearing a
mask.
Green faces similar criminal charges.
It's also alleged she violated the Emergency Measures Act on Dec. 31
by not wearing a mask and Jan. 24 by taking part in a gathering of
more than five people while not physically distanced and not wearing a
mask.
Halpern requested an adjournment so he can get disclosure of the
Crown's evidence. He's scheduled to appear in court by phone on April
21.
Jonathan Rossiter, 29, of Nackawic, Dawn Teakles, 49, of Moncton, and
David Robert West, 54, of Riverview were also charged following the
protest outside city hall.
Teakles returns to court March 22, while West is scheduled to appear April 6.
An arrest warrant was issued for Rossiter after he missed a court
appearance in February.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada
Moncton protester against COVID rules found fit after psychiatric evaluation
David West of Riverview arrested during Jan. 24 protest outside
Moncton city hall
Shane Magee · CBC News · Posted: Feb 25, 2021 5:05 PM AT
David West of Riverview arrested during Jan. 24 protest outside
Moncton city hall
Shane Magee · CBC News · Posted: Feb 25, 2021 5:05 PM AT | Last
Updated: February 25
An anti-mask protest took place in Moncton on Jan. 24 and five people
were arrested. (Radio-Canada )
A Riverview man arrested during a protest against COVID-19
restrictions in Moncton last month was found fit to stand trial
following a 30-day psychiatric evaluation.
David Robert West, 54, will be released from custody and is next
scheduled to appear in court April 6.
West was among five people arrested and held in custody following the
Jan. 24 protest outside Moncton city hall, but was the only one still
in custody.
He appeared in Moncton provincial court Thursday afternoon by video
from the Southeast Regional Correctional Centre in Shediac.
Defence lawyer Guillaume LeBlanc told provincial court Judge Paul
Duffie that he had yet to receive disclosure of the Crown's evidence.
West indicated during an appearance Jan. 28 that he was "just not all
there in the head right now." A judge had ordered the psychiatric
evaluation at the Restigouche Hospital Centre in Campbellton at
LeBlanc's request.
West faces several criminal charges, including allegations he resisted
a police officer on Oct. 8, 2020, assaulted a peace officer on the
same date, caused a disturbance at a grocery store in Moncton on Dec.
31, 2020 and violated the province's Emergency Measures Act at a
Shediac grocery store on Jan. 22 this year, according to a list of
charges read in court Thursday.
Jonathan Rossiter, 29, of Nackawic, Dawn Teakles, 49, of Moncton,
Nicholas Deangelis, 34, of Bathurst, and Britney Green, 31, of
Bathurst were the others arrested and charged following the Jan. 24
protest.
Green and Deangelis are scheduled to return to court March 10. Teakles
returns to court March 22. An arrest warrant was issued after Rossiter
missed his Tuesday court appearance.
CBC's Journalistic Standards and Practices
https://www.cbc.ca/news/canada
Warrant issued after anti-mask protester skips Moncton court appearance
Jonathan Rossiter, 29, of Nackawic was set to enter a plea in Moncton court
Shane Magee · CBC News · Posted: Feb 22, 2021 12:09 PM AT
RCMP officers issued tickets and arrested several people at the
protest for violating the province's emergency measures during a
protest outside Moncton city hall on Jan. 24. (Guy
LeBlanc/Radio-Canada)
A judge issued an arrest warrant Monday after a person arrested and
charged following an anti-mask protest in Moncton missed his court
appearance.
Jonathan Rossiter, 29, of Nackawic faces criminal charges of
assaulting, resisting and obstructing police officers on Jan. 24 in
Moncton. He also faces a charge of violating the province's Emergency
Measures Act by taking part in a gathering of more than five people
outside, while people were not more than two metres apart and wearing
masks.
He was one of six arrested Jan. 24 at the protest outside Moncton city
hall. He was released from custody the following day and ordered to
appear in court again on Monday to enter a plea on the charges.
He was not present in Moncton provincial court, and no lawyer was
there to represent him, so Judge Luc Labonté issued an arrest warrant.
Dawn Teakles, 49, of Moncton, was also arrested at the protests and
also faces similar criminal charges and an alleged violation of the
Emergency Measures Act.
Teakles was present in court and was wearing a mask, but did not enter a plea.
Teakles told the judge she has applied for legal aid representation.
She's scheduled to return to court March 22.
Earlier, David West, 54, of Riverview was sent for a 30-day
psychiatric evaluation and is scheduled to return to court Feb. 25.
Bathurst residents Britney Green, 31, and Nicholas DeAngelis, 34, were
released on bail Jan. 28 and are scheduled to return to court March
10.
Codiac Regional RCMP Supt. Tom Critchlow told Moncton councillors last
week that police had noted a protest Feb. 14 had followed the
province's rules meant to reduce the spread of COVID-19.
CBC's Journalistic Standards and Practices
For the record I crossed paths with Judge Luc Labonté BIGTIME when he
was prosecuting Werner Bock He wisely dropped the charges as soon as
he and I had a little pow wow on the phone and I sent him a few emails
to prove what I said was true The same holds true only worse for James
McAvity and his cohorts years 10 years before when he was prosecuting
Corry Toole and my bother in law's former client Shawn Tabor in 2004
because those fools continued to pursue the matter for the benefit of
their friend David Lutz and wannabe liberal judge even though they
were duly informed of the truth of the matter
https://www.cbc.ca/news/canada
Charges against cattle farmer Werner Bock dropped
Crown withdrew 2 counts of failing to provide proper food and water
because cows have been sold
CBC News · Posted: Jun 20, 2014 12:05 PM AT
A New Brunswick cattle farmer is no longer facing charges of failing
to care for his animals.
Werner Bock, 70, of Petitcodiac, had been charged with two counts of
failing to provide proper food and water to his cattle during the
spring of 2011.
But the Crown withdrew the charges under New Brunswick's SPCA Act in
Moncton provincial court on Thursday, saying Bock has sold his cows
and the herd no longer needs protection.
Bock had claimed the case against him was a conspiracy by the
government, veterinarians, the RCMP and CBC.
He testified that lasers and heat rays had killed his cows.
In December, Bock had been found unfit to stand trial. A psychiatric
assessment showed he was suffering from a delusional disorder.
Judge Troy Sweet had adjourned the case until June 19 and released
Bock on the conditions that he keep the peace and report to Moncton
Mental Health for assessment and treatment.
Crown witnesses had testified about a pile of carcasses under hay
bales, a dead cow in a brook and others buried in the woods.
CBC's Journalistic Standards and Practices
The following year the LIEBRANOS and Luc Labonte cannot deny that I
smelled something fishy while I was arguing Crown Attorneys in Federal
Court
---------- Original message ----------
From: "LaBonte, Luc (OAG/CPG)" <Luc.LaBonte@gnb.ca>
Date: Wed, 30 Dec 2015 12:41:18 +0000
Subject: Automatic reply: Methinks something smelled fishy between
Dominic Leblanc and Trudeau The Younger's minions within the RCMP way
back in 2004 yett the CBC or Keith Ashfield would never say shit about
it but the media in Norway sometimes did
To: David Amos <motomaniac333@gmail.com>
I will out of the office until January 4, 2016. I will periodically
check my e-mails, however, expect delays for responses. Should you
have an emergency, please contact 506-453-2784.
Je serai absent du bureau jusqu'au 4 janvier 2016. Je vérifirai mon
courriel de temps en temps mais il y aura un délai pour les réponses.
Si vous avez une urgence, s.v.p. veuillez contacter le 506-453-2784.
> From: David Amos <david.raymond.amos@gmail.com>
> Subject: Re: FW: Message to Angie re confirmation that David Banks of
> the Dispatch 911 at the Fredericton City Police said he sent the 911
> audio evidence to the Crown
> To: "Evelyn Greene" <evelyngreene@live.ca>, "oldmaison@yahoo.com"
> <oldmaison@yahoo.com>, "thepurplevioletpress"
> <thepurplevioletpress@gmail.co
> Cc: "We are Fred up" <WEAREFREDUP@gmail.com>, andremurraynow@gmail.com
> Date: Saturday, January 28, 2012, 2:38 PM
>
>
> http://charlesotherpersonality
>
> http://www.youtube.com/watch?v
>
> http://www.scribd.com/doc/7809
>
> http://charlesotherpersonality
>
> http://www.youtube.com/watch?v
>
> http://charlesotherpersonality
>
> On 1/28/12, David Amos <david.raymond.amos@gmail.com> wrote:
>> No special treatment when police face charges: lawyer
>> Craig Babstock (Times & Transcript) – With more than 20 years
>> experience as a Crown prosecutor, Luc Labonté knows how some people
>> will react when they hear an RCMP officer had his assault charged
>> stayed earlier this week. He knows that some will have the perception
>> this individual no longer faces a charge because he’s a police
>> officer.
>>
>> “Unfortunately, we’ll never be able to change those people’s minds,”
>> says Labonté.
>>
>> But New Brunswick’s director of Public Prosecutions Services wants to
>> assure the public that people who are charged with a crime are all
>> treated the same, no matter if they are a Mountie, a plumber or a
>> newspaper reporter.
>>
>> “Our system is based on evidence, not on someone’s profession,” says
>> the prosecutor.
>>
>> The case in question involved an accusation a Mountie committed a
>> summary assault against his spouse in December and was supposed to go
>> to trial in Moncton provincial court on Tuesday. Instead, the Crown
>> asked for a stay of proceedings, saying the request came from the head
>> office in Fredericton, which the judge granted. Head office gave no
>> reason for the request, beyond saying the file was reviewed and it was
>> determined that it was not appropriate to proceed with a charge at
>> this time.
>>
>> Knowing the public is quick to scrutinize cases involving a police
>> officer, Labonté agreed to talk about the procedure that’s in place in
>> cases where a police officer is charged, in an attempt to reassure the
>> public there is no bias, either for or against an officer.
>>
>> In this particular case, an RCMP officer investigated the RCMP officer
>> who was accused and eventually laid the charge against him in court.
>> That investigator told the Times & Transcript earlier this week that
>> his work was reviewed by officers from a non-RCMP police force in the
>> province.
>>
>> Labonté says while it’s preferable not to have officers from the same
>> police force investigate one another, this particular investigation
>> was independently reviewed by two Crown prosecutors. New Brunswick is
>> what’s known as a “pre-screening province,” meaning that the Crown
>> reviews charges and approves them before they are laid in court. The
>> director says no prosecutor deals with files involving police officers
>> from their own area.
>>
>> “If I’m a Moncton prosecutor and they bring me a file about a Codiac
>> RCMP member, I would immediately not look at that file and send it to
>> head office,” says Labonté. “If a Moncton prosecutor said no to a
>> charge for a Moncton police officer, it would look bad.”
>>
>> The head office finds a prosecutor in the province who has not had
>> dealings with that police officer. Because Mounties are frequently
>> transferred, they also check where that person has been located in the
>> past so there’s no conflict with the Crown assigned to the file.
>>
>> During his career in Moncton, Labonté took on files involving police
>> officers in other parts of the province of whom he had no knowledge,
>> which allowed him to treat each case like any other file.
>>
>> “We want to make sure they don’t get any special treatment or treated
>> more harshly than any other person,” he says. “We ensure the threshold
>> required to prosecute someone is met.”
>>
>> A common misperception about Crown prosecutors is that they are out to
>> register convictions, but that’s not the case. As a sign in the lobby
>> of the Crown’s office in the Moncton Law Courts says, the goal is to
>> present the facts and let the judge or jury decide guilt.
>>
>> “We are to be an unbiased presenter of the facts, we’re not there to
>> seek convictions,” he says.
>>
>> Labonté says cases are constantly reviewed leading up to a trial and
>> there are many reasons why a stay may be sought. For example a witness
>> may disappear, a person can change their story, new evidence can be
>> discovered, or a new person reviewing the file may have a different
>> opinion whether or not it should proceed.
>>
>> While Labonté can’t discuss the specifics of the Moncton case from
>> this week, he says he reviewed the file and recommended the case not
>> go to trial. That recommendation went to his deputy minister, who
>> agreed. In cases where the Crown requests a stay of proceedings, it
>> has a year to decide if it wants to lay the charge again.
>>
JAMES MCAVITY
Crown Prosecutor (Acting)
Saint John, Crown Prosecutors Office (Regional Office )
Justice & Public Safety
Phone : (506) 658-2580
Fax : (506) 658-3061
Email : James.McAvity@gnb.ca
https://www.linkedin.com/in/gu
Guillaume LeBlanc
Fowler Law P.C. inc. Full-time
Dates Employed Sep 2020 – Present
Employment Duration 7 mos
Location Moncton, New Brunswick, Canada
James E. Fowler
Called to the bar: 1979 (NB); Q.C.2013 (NB)
Fowler Law P.C. Inc.
69 Waterloo St.
Moncton, New Brunswick E1C 0E1
Phone: 506-857-8811
Fax: 506-857-9297
Email: james.fowler@fowlerlawpc.com
https://www.facebook.com/Shapi
https://www.shaplegal.com/
(647) 932-2147
law@shapirohalpern.com
Joshua Halpern
Law Society Number
78744E
Class of Licence Definitions
Lawyer (L1)
Real Estate Insured †
No
Status Definitions
In Private Practice
Business Name
Shapiro Halpern Law
Business Address
149 Willowdale Ave.Toronto, OntarioM2N 4Y5
Phone
1 647 932 2147
Email Address
joshuahalpern@outlook.com
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 4 Jun 2018 11:17:25 -0400
Subject: Attn Robert McKee I am calling you for the third time The pdf
files hereto attached are for real
To: robert.mckee@fowlerlawpc.com, "brian.gallant"
<brian.gallant@gnb.ca>, "chris.collins" <chris.collins@gnb.ca>, tj
<tj@burkelaw.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>
Cc: David Amos <david.raymond.amos@gmail.com>
<greg.byrne@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>
Robert K. Mckee
Called to the bar: 2012 (NB)
Fowler Law P.C. Inc.
69 Waterloo St.
Moncton, New Brunswick E1C 0E1
Phone: 506-857-8811
Fax: 506-857-9297
Email: robert.mckee@fowlerlawpc.com
http://www.cbc.ca/news/canada/
Robert McKee to run for the Liberals in Moncton Centre
Lawyer won Saturday's nomination by acclamation, a spokesperson for
the party says
CBC News · Posted: Jun 03, 2018 4:50 PM AT
Robert McKee, a 32-year-old lawyer and first-term Moncton city
councillor, declared his candidacy for the Moncton Centre Liberal
nomination on May 17. (Submitted)
Robert McKee has won the Moncton Centre Liberal nomination and will
run for the party in the upcoming provincial election this fall.
The 32-year-old lawyer was elected to Moncton city council in May,
2016, representing Ward 3, and declared his candidacy for the Moncton
Centre Liberal nomination on May 17.
He won Saturday's nomination by acclamation, according to Duncan
Gallant, a spokesperson for the party.
The availability to run in Moncton Centre for the Liberals opened up
after Speaker Chris Collins said he wouldn't reoffer for the party.
Speaker Chris Collins won't reoffer for Liberals, plans to sue
premier for libel
8 Liberals quit over premier's 'humiliating' treatment of Chris Collins
Premier Brian Gallant suspended Collins from the Liberal caucus on the
basis of allegations of harassment made by a former employee of the
legislature.
Collins described Premier Gallant's handling of the allegations as
"atrocious" and will finish his term as an independent.
The election is scheduled for Sept. 24.
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Mon, 12 Jun 2017 09:32:09 -0400
> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
> To: coi@gnb.ca
> Cc: david.raymond.amos@gmail.com
>
> Good Day Sir
>
> After I heard you speak on CBC I called your office again and managed
> to speak to one of your staff for the first time
>
> Please find attached the documents I promised to send to the lady who
> answered the phone this morning. Please notice that not after the Sgt
> at Arms took the documents destined to your office his pal Tanker
> Malley barred me in writing with an "English" only document.
>
> These are the hearings and the dockets in Federal Court that I
> suggested that you study closely.
>
> This is the docket in Federal Court
>
> http://cas-cdc-www02.cas-satj.
>
> These are digital recordings of the last three hearings
>
> Dec 14th https://archive.org/details/Ba
>
> January 11th, 2016 https://archive.org/details/Ja
>
> April 3rd, 2017
>
> https://archive.org/details/Ap
>
>
> This is the docket in the Federal Court of Appeal
>
> http://cas-cdc-www02.cas-satj.
>
>
> The only hearing thus far
>
> May 24th, 2017
>
> https://archive.org/details/Ma
>
>
> This Judge understnds the meaning of the word Integrity
>
> Date: 20151223
>
> Docket: T-1557-15
>
> Fredericton, New Brunswick, December 23, 2015
>
> PRESENT: The Honourable Mr. Justice Bell
>
> BETWEEN:
>
> DAVID RAYMOND AMOS
>
> Plaintiff
>
> and
>
> HER MAJESTY THE QUEEN
>
> Defendant
>
> ORDER
>
> (Delivered orally from the Bench in Fredericton, New Brunswick, on
> December 14, 2015)
>
> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
> the Federal Courts Rules (SOR/98-106), from an Order made on November
> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
> in its entirety.
>
> At the outset of the hearing, the Plaintiff brought to my attention a
> letter dated September 10, 2004, which he sent to me, in my then
> capacity as Past President of the New Brunswick Branch of the Canadian
> Bar Association, and the then President of the Branch, Kathleen Quigg,
> (now a Justice of the New Brunswick Court of Appeal). In that letter
> he stated:
>
> As for your past President, Mr. Bell, may I suggest that you check the
> work of Frank McKenna before I sue your entire law firm including you.
> You are your brother’s keeper.
>
> Frank McKenna is the former Premier of New Brunswick and a former
> colleague of mine at the law firm of McInnes Cooper. In addition to
> expressing an intention to sue me, the Plaintiff refers to a number of
> people in his Motion Record who he appears to contend may be witnesses
> or potential parties to be added. Those individuals who are known to
> me personally, include, but are not limited to the former Prime
> Minister of Canada, The Right Honourable Stephen Harper; former
> Attorney General of Canada and now a Justice of the Manitoba Court of
> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
> former Director of Policing Services, the late Grant Garneau; former
> Chief of the Fredericton Police Force, Barry McKnight; former Staff
> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
> Police.
>
> In the circumstances, given the threat in 2004 to sue me in my
> personal capacity and my past and present relationship with many
> potential witnesses and/or potential parties to the litigation, I am
> of the view there would be a reasonable apprehension of bias should I
> hear this motion. See Justice de Grandpré’s dissenting judgment in
> Committee for Justice and Liberty et al v National Energy Board et al,
> [1978] 1 SCR 369 at p 394 for the applicable test regarding
> allegations of bias. In the circumstances, although neither party has
> requested I recuse myself, I consider it appropriate that I do so.
>
>
> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
> the Court schedule another date for the hearing of the motion. There
> is no order as to costs.
>
> “B. Richard Bell”
> Judge
>
>
> Below after the CBC article about your concerns (I made one comment
> already) you will find the text of just two of many emails I had sent
> to your office over the years since I first visited it in 2006.
>
> I noticed that on July 30, 2009, he was appointed to the the Court
> Martial Appeal Court of Canada Perhaps you should scroll to the
> bottom of this email ASAP and read the entire Paragraph 83 of my
> lawsuit now before the Federal Court of Canada?
>
> "FYI This is the text of the lawsuit that should interest Trudeau the most
>
>
> ---------- Original message ----------
> From: justin.trudeau.a1@parl.gc.ca
> Date: Thu, Oct 22, 2015 at 8:18 PM
> Subject: Réponse automatique : RE My complaint against the CROWN in
> Federal Court Attn David Hansen and Peter MacKay If you planning to
> submit a motion for a publication ban on my complaint trust that you
> dudes are way past too late
> To: david.raymond.amos@gmail.com
>
> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
> lalanthier@hotmail.com
>
> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
> tommy.desfosses@parl.gc.ca
>
> Please note that I changed email address, you can reach me at
> lalanthier@hotmail.com
>
> To reach the office of Mr. Trudeau please send an email to
> tommy.desfosses@parl.gc.ca
>
> Thank you,
>
> Merci ,
>
>
> http://davidraymondamos3.blogs
>
>
> 83. The Plaintiff states that now that Canada is involved in more war
> in Iraq again it did not serve Canadian interests and reputation to
> allow Barry Winters to publish the following words three times over
> five years after he began his bragging:
>
> January 13, 2015
> This Is Just AS Relevant Now As When I wrote It During The Debate
>
> December 8, 2014
> Why Canada Stood Tall!
>
> Friday, October 3, 2014
> Little David Amos’ “True History Of War” Canadian Airstrikes And
> Stupid Justin Trudeau
>
> Canada’s and Canadians free ride is over. Canada can no longer hide
> behind Amerka’s and NATO’s skirts.
>
> When I was still in Canadian Forces then Prime Minister Jean Chretien
> actually committed the Canadian Army to deploy in the second campaign
> in Iraq, the Coalition of the Willing. This was against or contrary to
> the wisdom or advice of those of us Canadian officers that were
> involved in the initial planning phases of that operation. There were
> significant concern in our planning cell, and NDHQ about of the dearth
> of concern for operational guidance, direction, and forces for
> operations after the initial occupation of Iraq. At the “last minute”
> Prime Minister Chretien and the Liberal government changed its mind.
> The Canadian government told our amerkan cousins that we would not
> deploy combat troops for the Iraq campaign, but would deploy a
> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
> redeploy troops from there to Iraq. The PMO’s thinking that it was
> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
> alas no one seems to remind the Liberals of Prime Minister Chretien’s
> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
> incompetence and stupidity, the Canadian Army was heroic,
> professional, punched well above it’s weight, and the PPCLI Battle
> Group, is credited with “saving Afghanistan” during the Panjway
> campaign of 2006.
>
> What Justin Trudeau and the Liberals don’t tell you now, is that then
> Liberal Prime Minister Jean Chretien committed, and deployed the
> Canadian army to Canada’s longest “war” without the advice, consent,
> support, or vote of the Canadian Parliament.
>
> What David Amos and the rest of the ignorant, uneducated, and babbling
> chattering classes are too addled to understand is the deployment of
> less than 75 special operations troops, and what is known by planners
> as a “six pac cell” of fighter aircraft is NOT the same as a
> deployment of a Battle Group, nor a “war” make.
>
> The Canadian Government or The Crown unlike our amerkan cousins have
> the “constitutional authority” to commit the Canadian nation to war.
> That has been recently clearly articulated to the Canadian public by
> constitutional scholar Phillippe Legasse. What Parliament can do is
> remove “confidence” in The Crown’s Government in a “vote of
> non-confidence.” That could not happen to the Chretien Government
> regarding deployment to Afghanistan, and it won’t happen in this
> instance with the conservative majority in The Commons regarding a
> limited Canadian deployment to the Middle East.
>
> President George Bush was quite correct after 911 and the terror
> attacks in New York; that the Taliban “occupied” and “failed state”
> Afghanistan was the source of logistical support, command and control,
> and training for the Al Quaeda war of terror against the world. The
> initial defeat, and removal from control of Afghanistan was vital and
>
> P.S. Whereas this CBC article is about your opinion of the actions of
> the latest Minister Of Health trust that Mr Boudreau and the CBC have
> had my files for many years and the last thing they are is ethical.
> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>
> Subject:
> Date: Tue, 30 Jan 2007 12:02:35 -0400
> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
> To: motomaniac_02186@yahoo.com
>
> January 30, 2007
>
> WITHOUT PREJUDICE
>
> Mr. David Amos
>
> Dear Mr. Amos:
>
> This will acknowledge receipt of a copy of your e-mail of December 29,
> 2006 to Corporal Warren McBeath of the RCMP.
>
> Because of the nature of the allegations made in your message, I have
> taken the measure of forwarding a copy to Assistant Commissioner Steve
> Graham of the RCMP “J” Division in Fredericton.
>
> Sincerely,
>
> Honourable Michael B. Murphy
> Minister of Health
>
> CM/cb
>
>
> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>
> Date: Fri, 29 Dec 2006 17:34:53 -0500
> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
> motomaniac_02186@yahoo.com
> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.Fo
> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
> forgotten me but the crooks within the RCMP have not
>
> Dear Mr. Amos,
>
> Thank you for your follow up e-mail to me today. I was on days off
> over the holidays and returned to work this evening. Rest assured I
> was not ignoring or procrastinating to respond to your concerns.
>
> As your attachment sent today refers from Premier Graham, our position
> is clear on your dead calf issue: Our forensic labs do not process
> testing on animals in cases such as yours, they are referred to the
> Atlantic Veterinary College in Charlottetown who can provide these
> services. If you do not choose to utilize their expertise in this
> instance, then that is your decision and nothing more can be done.
>
> As for your other concerns regarding the US Government, false
> imprisonment and Federal Court Dates in the US, etc... it is clear
> that Federal authorities are aware of your concerns both in Canada
> the US. These issues do not fall into the purvue of Detachment
> and policing in Petitcodiac, NB.
>
> It was indeed an interesting and informative conversation we had on
> December 23rd, and I wish you well in all of your future endeavors.
>
> Sincerely,
>
> Warren McBeath, Cpl.
> GRC Caledonia RCMP
> Traffic Services NCO
> Ph: (506) 387-2222
> Fax: (506) 387-4622
> E-mail warren.mcbeath@rcmp-grc.gc.ca
>
>
>
> Alexandre Deschênes, Q.C.,
> Office of the Integrity Commissioner
> Edgecombe House, 736 King Street
> Fredericton, N.B. CANADA E3B 5H1
> tel.: 506-457-7890
> fax: 506-444-5224
> e-mail:coi@gnb.ca
>
---------- Forwarded message ----------
From: Justice Website <JUSTWEB@novascotia.ca>
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
> If want something very serious to download and laugh at as well Please
> Enjoy and share real wiretap tapes of the mob
>
> http://thedavidamosrant.blogsp
> ilian.html
>
>> http://www.cbc.ca/news/world/s
>>
>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>
>> http://www.youtube.com/watch?v
>>
>> What the hell does the media think my Yankee lawyer served upon the
>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>> cards?
>>
>> http://archive.org/details/ITr
>> 6
>>
>> http://davidamos.blogspot.ca/2
>>
>> http://www.archive.org/details
>>
>> http://archive.org/details/Par
>>
>> FEDERAL EXPRES February 7, 2006
>> Senator Arlen Specter
>> United States Senate
>> Committee on the Judiciary
>> 224 Dirksen Senate Office Building
>> Washington, DC 20510
>>
>> Dear Mr. Specter:
>>
>> I have been asked to forward the enclosed tapes to you from a man
>> named, David Amos, a Canadian citizen, in connection with the matters
>> raised in the attached letter.
>>
>> Mr. Amos has represented to me that these are illegal FBI wire tap tapes.
>>
>> I believe Mr. Amos has been in contact with you about this previously.
>>
>> Very truly yours,
>> Barry A. Bachrach
>> Direct telephone: (508) 926-3403
>> Direct facsimile: (508) 929-3003
>> Email: bbachrach@bowditch.com
>>
>
http://davidraymondamos3.blogs
Sunday, 19 November 2017
Federal Court of Appeal Finally Makes The BIG Decision And Publishes
It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
The Supreme Court
https://decisions.fct-cf.gc.ca
Federal Court of Appeal Decisions
Amos v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-10-30
Neutral citation
2017 FCA 213
File numbers
A-48-16
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
Heard at Fredericton, New Brunswick, on May 24, 2017.
Judgment delivered at Ottawa, Ontario, on October 30, 2017.
REASONS FOR JUDGMENT BY:
THE COURT
Date: 20171030
Docket: A-48-16
Citation: 2017 FCA 213
CORAM:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
BETWEEN:
DAVID RAYMOND AMOS
Respondent on the cross-appeal
(and formally Appellant)
and
HER MAJESTY THE QUEEN
Appellant on the cross-appeal
(and formerly Respondent)
REASONS FOR JUDGMENT BY THE COURT
I. Introduction
[1] On September 16, 2015, David Raymond Amos (Mr. Amos)
filed a 53-page Statement of Claim (the Claim) in Federal Court
against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
in damages and a public apology from the Prime Minister and Provincial
Premiers for being illegally barred from accessing parliamentary
properties and seeks a declaration from the Minister of Public Safety
that the Canadian Government will no longer allow the Royal Canadian
Mounted Police (RCMP) and Canadian Forces to harass him and his clan
(Claim at para. 96).
[2] On November 12, 2015 (Docket T-1557-15), by way of a
motion brought by the Crown, a prothonotary of the Federal Court (the
Prothonotary) struck the Claim in its entirety, without leave to
amend, on the basis that it was plain and obvious that the Claim
disclosed no reasonable claim, the Claim was fundamentally vexatious,
and the Claim could not be salvaged by way of further amendment (the
Prothontary’s Order).
[3] On January 25, 2016 (2016 FC 93), by way of Mr.
Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
Court (the Judge), reviewing the matter de novo, struck all of Mr.
Amos’ claims for relief with the exception of the claim for damages
for being barred by the RCMP from the New Brunswick legislature in
2004 (the Federal Court Judgment).
[4] Mr. Amos appealed and the Crown cross-appealed the
Federal Court Judgment. Further to the issuance of a Notice of Status
Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
As such, the only matter before this Court is the Crown’s
cross-appeal.
II. Preliminary Matter
[5] Mr. Amos, in his memorandum of fact and law in
relation to the cross-appeal that was filed with this Court on March
6, 2017, indicated that several judges of this Court, including two of
the judges of this panel, had a conflict of interest in this appeal.
This was the first time that he identified the judges whom he believed
had a conflict of interest in a document that was filed with this
Court. In his notice of appeal he had alluded to a conflict with
several judges but did not name those judges.
[6] Mr. Amos was of the view that he did not have to
identify the judges in any document filed with this Court because he
had identified the judges in various documents that had been filed
with the Federal Court. In his view the Federal Court and the Federal
Court of Appeal are the same court and therefore any document filed in
the Federal Court would be filed in this Court. This view is based on
subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
c. F-7:
5(4) Every judge of the Federal Court is, by virtue of his or her
office, a judge of the Federal Court of Appeal and has all the
jurisdiction, power and authority of a judge of the Federal Court of
Appeal.
[…]
5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
les juges de la Cour d’appel fédérale.
[…]
5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
that office, a judge of the Federal Court and has all the
jurisdiction, power and authority of a judge of the Federal Court.
5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
juges de la Cour fédérale.
[7] However, these subsections only provide that the
judges of the Federal Court are also judges of this Court (and vice
versa). It does not mean that there is only one court. If the Federal
Court and this Court were one Court, there would be no need for this
section.
[8] Sections 3 and 4 of the Federal Courts Act provide that:
3 The division of the Federal Court of Canada called the Federal Court
— Appeal Division is continued under the name “Federal Court of
Appeal” in English and “Cour d’appel fédérale” in French. It is
continued as an additional court of law, equity and admiralty in and
for Canada, for the better administration of the laws of Canada and as
a superior court of record having civil and criminal jurisdiction.
3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
français et « Federal Court of Appeal » en anglais. Elle est maintenue
à titre de tribunal additionnel de droit, d’equity et d’amirauté du
Canada, propre à améliorer l’application du droit canadien, et
continue d’être une cour supérieure d’archives ayant compétence en
matière civile et pénale.
4 The division of the Federal Court of Canada called the Federal Court
— Trial Division is continued under the name “Federal Court” in
English and “Cour fédérale” in French. It is continued as an
additional court of law, equity and admiralty in and for Canada, for
the better administration of the laws of Canada and as a superior
court of record having civil and criminal jurisdiction.
4 La section de la Cour fédérale du Canada, appelée la Section de
première instance de la Cour fédérale, est maintenue et dénommée «
Cour fédérale » en français et « Federal Court » en anglais. Elle est
maintenue à titre de tribunal additionnel de droit, d’equity et
d’amirauté du Canada, propre à améliorer l’application du droit
canadien, et continue d’être une cour supérieure d’archives ayant
compétence en matière civile et pénale.
[9] Sections 3 and 4 of the Federal Courts Act create
two separate courts – this Court (section 3) and the Federal Court
(section 4). If, as Mr. Amos suggests, documents filed in the Federal
Court were automatically also filed in this Court, then there would no
need for the parties to prepare and file appeal books as required by
Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
to any appeal from a decision of the Federal Court. The requirement to
file an appeal book with this Court in relation to an appeal from a
decision of the Federal Court makes it clear that the only documents
that will be before this Court are the documents that are part of that
appeal book.
[10] Therefore, the memorandum of fact and law filed on
March 6, 2017 is the first document, filed with this Court, in which
Mr. Amos identified the particular judges that he submits have a
conflict in any matter related to him.
[11] On April 3, 2017, Mr. Amos attempted to bring a motion
before the Federal Court seeking an order “affirming or denying the
conflict of interest he has” with a number of judges of the Federal
Court. A judge of the Federal Court issued a direction noting that if
Mr. Amos was seeking this order in relation to judges of the Federal
Court of Appeal, it was beyond the jurisdiction of the Federal Court.
Mr. Amos raised the Federal Court motion at the hearing of this
cross-appeal. The Federal Court motion is not a motion before this
Court and, as such, the submissions filed before the Federal Court
will not be entertained. As well, since this was a motion brought
before the Federal Court (and not this Court), any documents filed in
relation to that motion are not part of the record of this Court.
[12] During the hearing of the appeal Mr. Amos alleged that
the third member of this panel also had a conflict of interest and
submitted some documents that, in his view, supported his claim of a
conflict. Mr. Amos, following the hearing of his appeal, was also
afforded the opportunity to provide a brief summary of the conflict
that he was alleging and to file additional documents that, in his
view, supported his allegations. Mr. Amos submitted several pages of
documents in relation to the alleged conflicts. He organized the
documents by submitting a copy of the biography of the particular
judge and then, immediately following that biography, by including
copies of the documents that, in his view, supported his claim that
such judge had a conflict.
[13] The nature of the alleged conflict of Justice Webb is
that before he was appointed as a Judge of the Tax Court of Canada in
2006, he was a partner with the law firm Patterson Law, and before
that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
had a number of disputes with Patterson Palmer and Patterson Law and
therefore Justice Webb has a conflict simply because he was a partner
of these firms. Mr. Amos is not alleging that Justice Webb was
personally involved in or had any knowledge of any matter in which Mr.
Amos was involved with Justice Webb’s former law firm – only that he
was a member of such firm.
[14] During his oral submissions at the hearing of his
appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
focused on dealings between himself and a particular lawyer at
Patterson Law. However, none of the documents submitted by Mr. Amos at
the hearing or subsequently related to any dealings with this
particular lawyer nor is it clear when Mr. Amos was dealing with this
lawyer. In particular, it is far from clear whether such dealings were
after the time that Justice Webb was appointed as a Judge of the Tax
Court of Canada over 10 years ago.
[15] The documents that he submitted in relation to the
alleged conflict for Justice Webb largely relate to dealings between
Byron Prior and the St. John’s Newfoundland and Labrador office of
Patterson Palmer, which is not in the same province where Justice Webb
practiced law. The only document that indicates any dealing between
Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
who was a partner in the St. John’s NL office of Patterson Palmer. The
affidavit is dated January 24, 2005 and refers to a number of e-mails
that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
letter that is addressed to four individuals, one of whom is John
Crosbie who was counsel to the St. John’s NL office of Patterson
Palmer. The letter is dated September 2, 2004 and is addressed to
“John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
possible lawsuit against Patterson Palmer.
[16] Mr. Amos’ position is that simply because Justice Webb
was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
259, the Supreme Court of Canada noted that disqualification of a
judge is to be determined based on whether there is a reasonable
apprehension of bias:
60 In Canadian law, one standard has now emerged as the
criterion for disqualification. The criterion, as expressed by de
Grandpré J. in Committee for Justice and Liberty v. National Energy
Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
reasonable apprehension of bias:
… the apprehension of bias must be a reasonable one, held by
reasonable and right minded persons, applying themselves to the
question and obtaining thereon the required information. In the words
of the Court of Appeal, that test is "what would an informed person,
viewing the matter realistically and practically -- and having thought
the matter through -- conclude. Would he think that it is more likely
than not that [the decision-maker], whether consciously or
unconsciously, would not decide fairly."
[17] The issue to be determined is whether an informed
person, viewing the matter realistically and practically, and having
thought the matter through, would conclude that Mr. Amos’ allegations
give rise to a reasonable apprehension of bias. As this Court has
previously remarked, “there is a strong presumption that judges will
administer justice impartially” and this presumption will not be
rebutted in the absence of “convincing evidence” of bias (Collins v.
Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
(4th) 193).
[18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
Court of Canada refused, 32285 (August 1, 2007)), addressed the
particular issue of whether a judge is disqualified from hearing a
case simply because he had been a member of a law firm that was
involved in the litigation that was now before that judge. The Ontario
Court of Appeal determined that the judge was not disqualified if the
judge had no involvement with the person or the matter when he was a
lawyer. The Ontario Court of Appeal also explained that the rules for
determining whether a judge is disqualified are different from the
rules to determine whether a lawyer has a conflict:
27 Thus, disqualification is not the natural corollary to a
finding that a trial judge has had some involvement in a case over
which he or she is now presiding. Where the judge had no involvement,
as here, it cannot be said that the judge is disqualified.
28 The point can rightly be made that had Mr. Patterson been
asked to represent the appellant as counsel before his appointment to
the bench, the conflict rules would likely have prevented him from
taking the case because his firm had formerly represented one of the
defendants in the case. Thus, it is argued how is it that as a trial
judge Patterson J. can hear the case? This issue was considered by the
Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
there is no inflexible rule governing the disqualification of a judge
and that, "[e]verything depends on the circumstances."
29 It seems to me that what appears at first sight to be an
inconsistency in application of rules can be explained by the
different contexts and in particular, the strong presumption of
judicial impartiality that applies in the context of disqualification
of a judge. There is no such presumption in cases of allegations of
conflict of interest against a lawyer because of a firm's previous
involvement in the case. To the contrary, as explained by Sopinka J.
in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
for sound policy reasons there is a presumption of a disqualifying
interest that can rarely be overcome. In particular, a conclusory
statement from the lawyer that he or she had no confidential
information about the case will never be sufficient. The case is the
opposite where the allegation of bias is made against a trial judge.
His or her statement that he or she knew nothing about the case and
had no involvement in it will ordinarily be accepted at face value
unless there is good reason to doubt it: see Locabail, at para. 19.
30 That brings me then to consider the particular circumstances
of this case and whether there are serious grounds to find a
disqualifying conflict of interest in this case. In my view, there are
two significant factors that justify the trial judge's decision not to
recuse himself. The first is his statement, which all parties accept,
that he knew nothing of the case when it was in his former firm and
that he had nothing to do with it. The second is the long passage of
time. As was said in Wewaykum, at para. 85:
To us, one significant factor stands out, and must inform
the perspective of the reasonable person assessing the impact of this
involvement on Binnie J.'s impartiality in the appeals. That factor is
the passage of time. Most arguments for disqualification rest on
circumstances that are either contemporaneous to the decision-making,
or that occurred within a short time prior to the decision-making.
31 There are other factors that inform the issue. The Wilson
Walker firm no longer acted for any of the parties by the time of
trial. More importantly, at the time of the motion, Patterson J. had
been a judge for six years and thus had not had a relationship with
his former firm for a considerable period of time.
32 In my view, a reasonable person, viewing the matter
realistically would conclude that the trial judge could deal fairly
and impartially with this case. I take this view principally because
of the long passage of time and the trial judge's lack of involvement
in or knowledge of the case when the Wilson Walker firm had carriage.
In these circumstances it cannot be reasonably contended that the
trial judge could not remain impartial in the case. The mere fact that
his name appears on the letterhead of some correspondence from over a
decade ago would not lead a reasonable person to believe that he would
either consciously or unconsciously favour his former firm's former
client. It is simply not realistic to think that a judge would throw
off his mantle of impartiality, ignore his oath of office and favour a
client - about whom he knew nothing - of a firm that he left six years
earlier and that no longer acts for the client, in a case involving
events from over a decade ago.
(emphasis added)
[19] Justice Webb had no involvement with any matter
involving Mr. Amos while he was a member of Patterson Palmer or
Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
clear during the hearing of this matter that the only reason for the
alleged conflict for Justice Webb was that he was a member of
Patterson Law and Patterson Palmer. This is simply not enough for
Justice Webb to be disqualified. Any involvement of Mr. Amos with
Patterson Law while Justice Webb was a member of that firm would have
had to occur over 10 years ago and even longer for the time when he
was a member of Patterson Palmer. In addition to the lack of any
involvement on his part with any matter or dispute that Mr. Amos had
with Patterson Law or Patterson Palmer (which in and of itself is
sufficient to dispose of this matter), the length of time since
Justice Webb was a member of Patterson Law or Patterson Palmer would
also result in the same finding – that there is no conflict in Justice
Webb hearing this appeal.
[20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
(2d) 260, the Manitoba Court of Appeal found that there was no
reasonable apprehension of bias when a judge, who had been a member of
the law firm that had been retained by the accused, had no involvement
with the accused while he was a lawyer with that firm.
[21] In Del Zotto v. Minister of National Revenue, [2000] 4
F.C. 321, 257 N.R. 96, this court did find that there would be a
reasonable apprehension of bias where a judge, who while he was a
lawyer, had recorded time on a matter involving the same person who
was before that judge. However, this case can be distinguished as
Justice Webb did not have any time recorded on any files involving Mr.
Amos while he was a lawyer with Patterson Palmer or Patterson Law.
[22] Mr. Amos also included with his submissions a CD. He
stated in his affidavit dated June 26, 2017 that there is a “true copy
of an American police surveillance wiretap entitled 139” on this CD.
He has also indicated that he has “provided a true copy of the CD
entitled 139 to many American and Canadian law enforcement authorities
and not one of the police forces or officers of the court are willing
to investigate it”. Since he has indicated that this is an “American
police surveillance wiretap”, this is a matter for the American law
enforcement authorities and cannot create, as Mr. Amos suggests, a
conflict of interest for any judge to whom he provides a copy.
[23] As a result, there is no conflict or reasonable
apprehension of bias for Justice Webb and therefore, no reason for him
to recuse himself.
[24] Mr. Amos alleged that Justice Near’s past professional
experience with the government created a “quasi-conflict” in deciding
the cross-appeal. Mr. Amos provided no details and Justice Near
confirmed that he had no prior knowledge of the matters alleged in the
Claim. Justice Near sees no reason to recuse himself.
[25] Insofar as it is possible to glean the basis for Mr.
Amos’ allegations against Justice Gleason, it appears that he alleges
that she is incapable of hearing this appeal because he says he wrote
a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
both Justice Gleason and Mr. Mulroney were partners in the law firm
Ogilvy Renault, LLP. The letter in question, which is rude and angry,
begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
you and your little dogs too”. There is no indication that the letter
was ever responded to or that a law suit was ever commenced by Mr.
Amos against Mr. Mulroney. In the circumstances, there is no reason
for Justice Gleason to recuse herself as the letter in question does
not give rise to a reasonable apprehension of bias.
III. Issue
[26] The issue on the cross-appeal is as follows: Did the
Judge err in setting aside the Prothonotary’s Order striking the Claim
in its entirety without leave to amend and in determining that Mr.
Amos’ allegation that the RCMP barred him from the New Brunswick
legislature in 2004 was capable of supporting a cause of action?
IV. Analysis
A. Standard of Review
[27] Following the Judge’s decision to set aside the
Prothonotary’s Order, this Court revisited the standard of review to
be applied to discretionary decisions of prothonotaries and decisions
made by judges on appeals of prothonotaries’ decisions in Hospira
Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
this Court replaced the Aqua-Gem standard of review with that
articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
[Housen]. As a result, it is no longer appropriate for the Federal
Court to conduct a de novo review of a discretionary order made by a
prothonotary in regard to questions vital to the final issue of the
case. Rather, a Federal Court judge can only intervene on appeal if
the prothonotary made an error of law or a palpable and overriding
error in determining a question of fact or question of mixed fact and
law (Hospira at para. 79). Further, this Court can only interfere with
a Federal Court judge’s review of a prothonotary’s discretionary order
if the judge made an error of law or palpable and overriding error in
determining a question of fact or question of mixed fact and law
(Hospira at paras. 82-83).
[28] In the case at bar, the Judge substituted his own
assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
must look to the Prothonotary’s Order to determine whether the Judge
erred in law or made a palpable and overriding error in choosing to
interfere.
B. Did the Judge err in interfering with the
Prothonotary’s Order?
[29] The Prothontoary’s Order accepted the following
paragraphs from the Crown’s submissions as the basis for striking the
Claim in its entirety without leave to amend:
17. Within the 96 paragraph Statement of Claim, the Plaintiff
addresses his complaint in paragraphs 14-24, inclusive. All but four
of those paragraphs are dedicated to an incident that occurred in 2006
in and around the legislature in New Brunswick. The jurisdiction of
the Federal Court does not extend to Her Majesty the Queen in right of
the Provinces. In any event, the Plaintiff hasn’t named the Province
or provincial actors as parties to this action. The incident alleged
does not give rise to a justiciable cause of action in this Court.
(…)
21. The few paragraphs that directly address the Defendant
provide no details as to the individuals involved or the location of
the alleged incidents or other details sufficient to allow the
Defendant to respond. As a result, it is difficult or impossible to
determine the causes of action the Plaintiff is attempting to advance.
A generous reading of the Statement of Claim allows the Defendant to
only speculate as to the true and/or intended cause of action. At
best, the Plaintiff’s action may possibly be summarized as: he
suspects he is barred from the House of Commons.
[footnotes omitted].
[30] The Judge determined that he could not strike the Claim
on the same jurisdictional basis as the Prothonotary. The Judge noted
that the Federal Court has jurisdiction over claims based on the
liability of Federal Crown servants like the RCMP and that the actors
who barred Mr. Amos from the New Brunswick legislature in 2004
included the RCMP (Federal Court Judgment at para. 23). In considering
the viability of these allegations de novo, the Judge identified
paragraph 14 of the Claim as containing “some precision” as it
identifies the date of the event and a RCMP officer acting as
Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
para. 27).
[31] The Judge noted that the 2004 event could support a
cause of action in the tort of misfeasance in public office and
identified the elements of the tort as excerpted from Meigs v. Canada,
2013 FC 389, 431 F.T.R. 111:
[13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
determine whether the plaintiffs’ statement of claim pleads each
element of the alleged tort of misfeasance in public office:
a) The public officer must have engaged in deliberate and unlawful
conduct in his or her capacity as public officer;
b) The public officer must have been aware both that his or her
conduct was unlawful and that it was likely to harm the plaintiff; and
c) There must be an element of bad faith or dishonesty by the public
officer and knowledge of harm alone is insufficient to conclude that a
public officer acted in bad faith or dishonestly.
Odhavji, above, at paras 23, 24 and 28
(Federal Court Judgment at para. 28).
[32] The Judge determined that Mr. Amos disclosed sufficient
material facts to meet the elements of the tort of misfeasance in
public office because the actors, who barred him from the New
Brunswick legislature in 2004, including the RCMP, did so for
“political reasons” (Federal Court Judgment at para. 29).
[33] This Court’s discussion of the sufficiency of pleadings
in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
D.L.R (4th) 301 is particularly apt:
…When pleading bad faith or abuse of power, it is not enough to
assert, baldly, conclusory phrases such as “deliberately or
negligently,” “callous disregard,” or “by fraud and theft did steal”.
“The bare assertion of a conclusion upon which the court is called
upon to pronounce is not an allegation of material fact”. Making bald,
conclusory allegations without any evidentiary foundation is an abuse
of process…
To this, I would add that the tort of misfeasance in public office
requires a particular state of mind of a public officer in carrying
out the impunged action, i.e., deliberate conduct which the public
officer knows to be inconsistent with the obligations of his or her
office. For this tort, particularization of the allegations is
mandatory. Rule 181 specifically requires particularization of
allegations of “breach of trust,” “wilful default,” “state of mind of
a person,” “malice” or “fraudulent intention.”
(at paras. 34-35, citations omitted).
[34] Applying the Housen standard of review to the
Prothonotary’s Order, we are of the view that the Judge interfered
absent a legal or palpable and overriding error.
[35] The Prothonotary determined that Mr. Amos’ Claim
disclosed no reasonable claim and was fundamentally vexatious on the
basis of jurisdictional concerns and the absence of material facts to
ground a cause of action. Paragraph 14 of the Claim, which addresses
the 2004 event, pleads no material facts as to how the RCMP officer
engaged in deliberate and unlawful conduct, knew that his or her
conduct was unlawful and likely to harm Mr. Amos, and acted in bad
faith. While the Claim alleges elsewhere that Mr. Amos was barred from
the New Brunswick legislature for political and/or malicious reasons,
these allegations are not particularized and are directed against
non-federal actors, such as the Sergeant-at-Arms of the Legislative
Assembly of New Brunswick and the Fredericton Police Force. As such,
the Judge erred in determining that Mr. Amos’ allegation that the RCMP
barred him from the New Brunswick legislature in 2004 was capable of
supporting a cause of action.
[36] In our view, the Claim is made up entirely of bare
allegations, devoid of any detail, such that it discloses no
reasonable cause of action within the jurisdiction of the Federal
Courts. Therefore, the Judge erred in interfering to set aside the
Prothonotary’s Order striking the claim in its entirety. Further, we
find that the Prothonotary made no error in denying leave to amend.
The deficiencies in Mr. Amos’ pleadings are so extensive such that
amendment could not cure them (see Collins at para. 26).
V. Conclusion
[37] For the foregoing reasons, we would allow the Crown’s
cross-appeal, with costs, setting aside the Federal Court Judgment,
dated January 25, 2016 and restoring the Prothonotary’s Order, dated
November 12, 2015, which struck Mr. Amos’ Claim in its entirety
without leave to amend.
"Wyman W. Webb"
J.A.
"David G. Near"
J.A.
"Mary J.L. Gleason"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
DOCKET:
A-48-16
STYLE OF CAUSE:
DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Fredericton,
New Brunswick
DATE OF HEARING:
May 24, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
WEBB J.A.
NEAR J.A.
GLEASON J.A.
DATED:
October 30, 2017
APPEARANCES:
David Raymond Amos
For The Appellant / respondent on cross-appeal
(on his own behalf)
Jan Jensen
For The Respondent / appELLANT ON CROSS-APPEAL
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent / APPELLANT ON CROSS-APPEAL
Inquest into death at AIM scrapyard ends with 4 recommendations from jury
Darrell Richards died after being injured at the Saint John site in June 2022
A coroner's inquest into the death of a worker at the American Iron & Metal scrapyard in Saint John nearly two years ago has ended in four recommendations focused on safety, communication, purchasing and inspection to try to prevent future deaths or injuries.
The jury came up with the recommendations after deliberating for about three hours on the testimony of 16 witnesses regarding the fatal injury Darrell Richards sustained at the west-side metal recycling facility on June 30, 2022.
Richards, a contractor, was tasked with stripping pressurized material from calender rolls — large metal cylinders used in paper production. The rolls weigh more than 24,000 kilograms and are covered with cotton material held under 2,600 tonnes of pressure.
The 60-year-old was sitting on one of the pressurized rolls when he cut into it with a circular saw. The sudden release of energy severed his femoral artery and caused severe blood loss. The married father of three died in the hospital about 12 hours later of multiple organ failure due to blood loss.
"We feel AIM New Brunswick has made a reasonable attempt to increase and improve safety awareness," the jury foreperson read aloud for the Saint John courtroom, as members of Richards's family listened attentively from the front row. "Continuation of appropriate training, certifications and supervision is a priority and compliant with WorkSafeNB."
The
red line illustrates the first cut Darrell Richards made in the
calender roll in an attempt to release the blue cotton material, and the
yellow line illustrates his second cut, when he was fatally injured. (Michel Cyr, WorkSafeNB)
Communication must be initiated by AIM headquarters and distributed throughout all AIM satellite sites, she said. "Employee communication is a valuable tool to help prevent workplace accidents."
When it comes to purchasing scrap metal, the jury recommends AIM research all suppliers. This includes requesting appropriate credentials and conducting a background check.
AIM should also request a description of the materials, and an "indication of hazards pertaining to the products," the foreperson said.
In addition, AIM should implement a hazardous inspection program in New Brunswick to aid in the identification process, and continue to quarantine hazardous materials and label them accordingly until appropriate documentation is obtained with an approved safe-work procedure, the jury said.
Family reacts
Outside the courthouse, Richards's daughter-in-law Kelsey Bailey told reporters she was surprised the jury felt AIM was "in accordance and following safety measures and changing safety measures when it was clearly identified that they had not done that in some instances, where they had absolutely not followed recommendations made by their own safety specialist."
Darrell
Richards's widow Bessie Collins (left) and daughter-in-law Kelsey
Bailey told reporters after the inquest that they are considering a
civil suit against AIM. (Graham Thompson/CBC)
Stephanie Spinney, AIM's health and safety adviser, testified she helped develop a hazard identification program after Richards's death, but it was never implemented because her superiors felt it was "too robust."
The family was shocked by that new evidence, said Bailey.
"Our hope is that there is real change going forward and that this never happens to another family," she said. "That's the only thing that we can get a positive out of this."
The jury's recommendations are not binding, noted deputy chief coroner Michael Johnston. The relevant agencies will have about six months to review them, and respond, he said.
Considering lawsuit
The family is considering suing AIM, said Bailey. Despite the inquest and previous trial, where the company changed its plea to guilty under the Occupational Health and Safety Act, and was sentenced to pay $107,000 to establish a workplace safety-focused scholarship at the New Brunswick Community College in the name of Richards, the family feels "no one took responsibility for Darrell's death."
Richards's widow Bessie Collins said she feels like they were "just kicked to the side" after he was killed.
"There's no other way to look at it. Not for me," she said, noting Richards was the sole earner of the family and now she's left with just half his pension as a widow's pension.
"So you're in a tight spot when you have illnesses like I have, and my benefits are running out for my health coverage," said Collins, who has double lung cancer and just had an emergency pacemaker put in last week.
'Everybody loved him'
Although it was difficult for the family to relive the details of Richards's death at the inquest, it felt good to hear all his colleagues speak so highly of him, "and that they knew he was there for them anytime they wanted him," his widow said.
"Even if he was home, they would call him and ask him, 'What's the right way?' And Darrell would say, 'I'll be there.' And he would go in and show them the right way, just to save them."
Richards
was 'a leader' and 'very good friend' to a lot of people at AIM, 'just
somebody who was constantly on the lookout for everybody’s safety,'
testified production supervisor Wesley Pratt. 'He was the first one to
tell you if you were doing something wrong and he didn't hold back,'
Pratt said. (Submitted by Rick Richards )
Collins hopes people will remember what a "funny, good person" her husband of 43 years was.
"He was a social butterfly. Everybody loved him. And he never had a bad word to say about anybody," she said.
"And if he seen a young person just starting a job, didn't know what they were doing, he'd pull them back and say, 'No, no. First you're going to learn how, and always think of safety first.'"
Theme of 'communication'
In his instructions to the jury, the deputy chief coroner noted a theme of "communication" was heard throughout the inquest — "particularly hazard communication.
"There seemed to be a breakdown between the place where these things came from," the AIM plant in Maine, "where they were known to be hazardous, to workers that were actually completing the work at the end of the day" in Saint John, said Johnston.
Richards was "reportedly straddling the roll while cutting, indicating he was clearly not aware of the potentially hazardous energy," he said.
"Debris was spotted flying through the air, which alerted teams that something happened."
The inquest heard Tuesday that an AIM official in Maine said he warned at least three Saint John employees about the dangers associated with the calender rolls before Richards was killed. But when Michel Cyr, WorkSafeNB's manager of investigations, was recalled to the stand Wednesday, he testified he was unable to verify that statement from Verne "Joe" Reynolds, the buyer for AIM in Oakland.
"All three of them denied that conversation," said Cyr, referring to Ryan Cyr, director of operations, Adam Wallace, then-production supervisor, and Adam Hamilton.
Meanwhile, Reynolds failed to provide any phone records to substantiate his claim, he said.
Inquest into death at AIM scrapyard ends with 4 recommendations from jury
Darrell Richards died after being injured at the Saint John site in June 2022
A coroner's inquest into the death of a worker at the American Iron & Metal scrapyard in Saint John nearly two years ago has ended in four recommendations focused on safety, communication, purchasing and inspection to try to prevent future deaths or injuries.
The jury came up with the recommendations after deliberating for about three hours on the testimony of 16 witnesses regarding the fatal injury Darrell Richards sustained at the west-side metal recycling facility on June 30, 2022.
Richards, a contractor, was tasked with stripping pressurized material from calender rolls — large metal cylinders used in paper production. The rolls weigh more than 24,000 kilograms and are covered with cotton material held under 2,600 tonnes of pressure.
The 60-year-old was sitting on one of the pressurized rolls when he cut into it with a circular saw. The sudden release of energy severed his femoral artery and caused severe blood loss. The married father of three died in the hospital about 12 hours later.
"We feel AIM New Brunswick has made a reasonable attempt to increase and improve safety awareness," the jury foreperson read aloud for the Saint John courtroom, as members of Richards's family listened attentively from the front row. "Continuation of appropriate training, certifications and supervision is a priority and compliant with WorkSafeNB."
The
red line illustrates the first cut Darrell Richards made in the
calender roll in an attempt to release the blue cotton material, and the
yellow line illustrates his second cut, when he was fatally injured. (Michel Cyr, WorkSafeNB)
Communication must be initiated by AIM headquarters and distributed throughout all AIM satellite sites, she said. "Employee communication is a valuable tool to help prevent workplace accidents."
When it comes to purchasing scrap metal, the jury recommends AIM research all suppliers. This includes requesting appropriate credentials, conducting a background check.
AIM should also request a description of the materials, and an "indication of hazards pertaining to the products," the foreperson said.
In addition, AIM should implement a hazardous inspection program in New Brunswick to aid in the identification process, and continue to quarantine hazardous materials and label them accordingly until appropriate documentation is obtained with an approved safe-work procedure, the jury said.
Family reacts
Outside the courthouse, Richards's daughter-in-law Kelsey Bailey told reporters she was surprised the jury felt AIM was "in accordance and following safety measures and changing safety measures when it was clearly identified that they had not done that in some instances, where they had absolutely not followed recommendations made by their own safety specialist."
Stephanie Spinney, AIM's health and safety adviser, testified she helped develop a hazard identification program after Richards's death, but it was never implemented because her superiors felt it was "too robust."
"Our hope is that there is real change going forward and that this never happens to another family," said Bailey. "That's the only thing that we can get a positive out of this."
Considering lawsuit
The family is considering suing AIM, she said. Despite the inquest and previous trial, where the company changed its plea to guilty under the Occupational Health and Safety Act, and was sentenced to pay $107,000 to establish a workplace safety-focused scholarship at the New Brunswick Community College in the name of Richards, the family feels "no one took responsibility for Darrell's death."
Richards's widow Bessie Collins said she feels like they were "just kicked to the side" after he was killed.
Darrell
Richards's widow Bessie Collins (left) and daughter-in-law Kelsey
Bailey told reporters after the inquest that they are considering a
civil suit against AIM. (Graham Thompson/CBC)
"There's no other way to look at it. Not for me," she said, noting Richards was the sole earner of the family and now she's left with just half his pension as a widow's pension.
"So you're in a tight spot when you have illnesses like I have, and my benefits are running out for my health coverage," said Collins, who has double lung cancer and just had an emergency pacemaker put in last week.
'Everybody loved him'
Although it was difficult for the family to relive the details of Richards's death at the inquest, it felt good to hear all his colleagues speak so highly of him, "and that they knew he was there for them anytime they wanted him," his widow said.
"Even if he was home, they would call him and ask him, 'What's the right way?' And Darrell would say, 'I'll be there.' And he would go in and show them the right way, just to save them."
Collins hopes people will remember what a "funny, good person" her husband of 43 years was.
"He was a social butterfly. Everybody loved him. And he never had a bad word to say about anybody," she said.
"And if he seen a young person just starting a job, didn't know what they were doing, he'd pull them back and say, 'No, no. First you're going to learn how, and always think of safety first.'"
Theme of 'communication'
In his instructions to the jury, the deputy chief coroner noted a theme of "communication" was heard throughout the inquest — "particularly hazard communication.
"There seemed to be a breakdown between the place where these things came from," the AIM plant in Maine, "where they were known to be hazardous, to workers that were actually completing the work at the end of the day" in Saint John, said Johnston.
Richards was "reportedly straddling the roll while cutting, indicating he was clearly not aware of the potentially hazardous energy," he said.
Calender rolls too hazardous to transport now
Earlier in the morning, the inquest heard WorkSafeNB asked if they could send the remaining calender rolls to the manufacturer, Adritz North America, to decommission.
"They said because they've been outside, exposed to the weather, that they would probably be too hazardous to transport," Michel Cyr, WorkSafeNB's manager of investigations, testified.
For now, the calender rolls remain under a stop-work order and under rubber blast mats, "out of an abundance of precaution," he said.
The
other calender rolls at American Iron & Metal's Saint John facility
are stored under a blast mat until they can be safely decommissioned,
the inquest heard. (Michel Cyr/WorkSafeNB)
AIM did hire an engineer to develop a dismantling procedure, which was set to go to a joint health and safety committee to "validate that everyone felt safe with the plan," said Cyr.
"Once that was done, if it was all good, we were going to lift the stop-work order, but unfortunately that's when the fire happened," he said.
The Sept. 14 fire at the Saint John facility burned for two days and prompted a city-wide shelter in place order because of hazardous smoke.
The province subsequently suspended AIM's approval to operate and revoked AIM's salvage dealer licence.
Operations remain suspended. AIM is taking the province to court over both decisions.
Jury at inquest into death at AIM scrapyard begins deliberations
Darrell Richards died after being injured at the Saint John site in June 2022
The jury has begun its deliberations for a coroner's inquest into the death of a worker at the American Iron & Metal scrapyard in Saint John nearly two years ago.
Deputy chief coroner Michael Johnston delivered his instructions to the jury at the Saint John courthouse Wednesday morning after 16 witnesses testified over two days regarding the death of Darrell Richards at the west side metal recycling facility.
Richards, a contractor, was tasked on June 30, 2022, with stripping pressurized material from calender rolls — large metal cylinders used in paper production. The rolls weigh more than 24,000 kilograms and are covered with cotton material held under 2,600 tonnes of pressure.
The 60-year-old was sitting on one of the pressurized rolls when he cut into it with a circular saw. The sudden release of energy severed his femoral artery and caused severe blood loss. The married father of three died in the hospital about 12 hours later.
"I think … the theme that we heard throughout this inquest was a theme about communication, particularly hazard communication," Johnston said as part of his summary of the evidence for the five-member jury.
"There seemed to be a breakdown between the place where these things came from," the AIM plant in Maine, "where they were known to be hazardous, to workers that were actually completing the work at the end of the day" in Saint John.
Richards was "reportedly straddling the roll while cutting, indicating he was clearly not aware of the potentially hazardous energy," he said.
Urged to make recommendations
The inquest is a "fact-finding mission," not a criminal trial or civil lawsuit, Johnston reminded the jury.
"Therefore I'm instructing you that you may not express any conclusion of civil or criminal responsibility and are prohibited from naming any person or persons responsible for any act or omission which may have contributed to the death of Mr. Richards."
The jurors must determine when, where, how and by what means Richards came to his death.
Johnston also urged them to "consider seriously" making recommendations aimed at preventing future deaths or injuries in similar circumstances.
Calender rolls too hazardous to transport now
Earlier in the morning, the inquest heard WorkSafeNB asked if they could send the remaining calender rolls to the manufacturer, Adritz North America, to decommission.
"They said because they've been outside, exposed to the weather, that they would probably be too hazardous to transport," Michel Cyr, WorkSafeNB's manager of investigations, testified.
For now, the calender rolls remain under a stop-work order and under rubber blast mats, "out of an abundance of precaution," he said.
The
other calender rolls at American Iron & Metal's Saint John facility
are stored under a blast mat until they can be safely decommissioned,
the inquest heard. (Michel Cyr/WorkSafeNB)
AIM did hire an engineer to develop a dismantling procedure, which was set to go to a joint health and safety committee to "validate that everyone felt safe with the plan," said Cyr.
"Once that was done, if it was all good, we were going to lift the stop-work order, but unfortunately that's when the fire happened," he said.
The Sept. 14 fire at the Saint John facility burned for two days and prompted a city-wide shelter in place order because of hazardous smoke.
On Sept. 19, Environment Minister Gary Crossman suspended AIM's approval to operate because he was "of the opinion that there was an unauthorized release of contaminants in contravention of Section 17" of the Clean Air Act.
On Dec. 29, Public Safety Minister Kris Austin also revoked AIM's salvage dealer licence, based on the joint provincial-Port Saint John task force investigation, which concluded future fires at the scrapyard are likely, and that a "catastrophic" fire could happen again.
Operations remain suspended. AIM is taking the province to court over both decisions.
Somebody should explain to Long that the port is under Federal Jurisdiction and accidents do happen and a deal is a deal is a deal
https://www.cbc.ca/news/canada/new-brunswick/aim-workplace-fatality-saint-john-american-iron-metal-1.6511474"Therefore I'm instructing you that you may not express any conclusion of civil or criminal responsibility and are prohibited from naming any person or persons responsible for any act or omission which may have contributed to the death of Mr. Richards."
The jurors must determine when, where, how and by what means Richards came to his death. "
"when, where, how and by what means" Were already well known so what was the point of the Inquest if not a political witch hunt?
"Therefore I'm instructing you that you may not express any conclusion of civil or criminal responsibility and are prohibited from naming any person or persons responsible for any act or omission which may have contributed to the death of Mr. Richards."
The jurors must determine when, where, how and by what means Richards came to his death. "
"when, where, how and by what means" Were already well known so what was the point of the Inquest if not a political witch hunt?
Somebody should explain to Long that the port is under Federal Jurisdiction and accidents do happen and a deal is a deal is a deal
https://www.cbc.ca/news/canada/new-brunswick/aim-workplace-fatality-saint-john-american-iron-metal-1.6511474American Iron & Metal rejected hazard identification program after death, inquest hears
Director of operations considered proposed program 'too robust,' health and safety adviser testifies
After Darrell Richards was fatally injured cutting into a pressurized calender roll at American Iron & Metal's Saint John scrapyard in 2022, the company's health and safety adviser helped develop a hazard identification program.
But Stephanie Spinney told a coroner's inquest into Richards's death Tuesday that it was never implemented.
"It was too robust. [AIM] didn't want to do it," she said.
Crown prosecutor Chris Titus clarified, "So you wrote a policy to say, 'Hey, we need something to deal with that,' … but you submitted it to your superiors and they said, 'No, we're not doing that'?"
"Yes," Spinney replied, as members of Richards's family looked on from the front row of the courtroom, "because it was stated in a conversation that if they do hazard analysis on every piece of [scrap metal] that came in those gates we wouldn't have … a business."
The
remaining calender rolls at American Iron & Metal's Saint John
facility are stored under a blast mat until they can be safely
decommissioned, the inquest heard Monday. (Michel Cyr/WorkSafeNB)
Richards, a contractor, was tasked on June 30, 2022, with stripping cotton material from the calender roll, a large metal cylinder used in paper production. These rolls weigh more than 24,000 kilograms, and the cotton material around them is held under 2,600 tonnes of pressure, the inquest heard Monday.
The 60-year-old was sitting on the calender roll when he cut into it with a circular saw. The sudden release of energy severed his femoral artery and caused severe blood loss. The married father of three died in the hospital about 12 hours later.
Deputy chief coroner Michael Johnston and a jury are publicly hearing evidence from witnesses at the Saint John courthouse this week to determine the facts surrounding Richards's death.
The jury will also have the opportunity to make recommendations aimed at preventing deaths under similar circumstances.
WorkSafeNB identified 'gaps'
Spinney testified she worked on the hazard identification program with colleagues after WorkSafeNB officials conducted a "gap analysis" of AIM's west side metal recycling facility following Richards's death.
"My job was to work on this … safety plan, to get us up to speed on what was required," she said.
Support from above "was lacking," however, Spinney said, singling out Ryan Cyr, the director of operations.
There have been some safety improvements since Richards's death, she said.
For example, workers carry cards with them that identify hazards for particular jobs and steps to mitigate them.
The company has also hired additional health and safety officers for the region.
The inquest continues this afternoon.
Maine American Iron & Metal official warned Saint John of dangers of calender rolls, inquest hears
Large pressurized metal cylinders should have been decommissioned at Oakland site, says Verne 'Joe' Reynolds
An American Iron & Metal official in Maine warned at least three Saint John employees about the dangers associated with pressurized calender rolls before Darrell Richards was fatally injured cutting into one with a circular saw, a coroner's inquest heard Tuesday.
Verne "Joe" Reynolds, the buyer for AIM in Oakland, who purchased the large metal cylinders used in paper production, told WorkSafeNB's manager of investigations Michel Cyr, that he disagreed with the company's decision to ship the rolls to the Saint John metal recycling facility.
"If it was up to me, I would have processed them here," he said in a 2022 audio statement played for the jury.
The rolls weigh more than 24,000 kilograms and are covered with cotton material held under 2,600 tonnes of pressure.
Reynolds, who has more than 20 years of experience dealing with the rolls, said he has seen them jump six inches off the ground when the energy is released. Debris can fly up to 50 feet in the air.
It's "hit and miss," he said. Sometimes the rolls just "pop open," but they can expand.
The Oakland facility had procedures in place to safely decommission them. These included either using an excavator shear to gradually "chew" away at the material and relieve the pressure, or using a torch to slowly burn the material.
The
remaining calender rolls at American Iron & Metal's Saint John
facility are stored under a blast mat until they can be safely
decommissioned, the inquest heard Monday. (Michel Cyr/WorkSafeNB)
"It wasn't my call," said Reynolds. "I don't wanna get anybody in trouble, but somebody above me … said to ship them out to Saint John."
The Saint John facility is a larger yard, with more manpower and bigger equipment.
The calendar rolls arrived with no warning labels or information about how to decommission them, the jury heard. They sat at the west side waterfront facility for roughly three months before Richards, a contractor, was tasked with stripping the material from them on June 30, 2022.
The 60-year-old was sitting on one when he cut into it with a circular saw. The sudden release of energy severed his femoral artery and caused severe blood loss. The married father of three died in the hospital about 12 hours later.
Deputy chief coroner Michael Johnston and a jury are publicly hearing evidence from witnesses this week to determine the facts surrounding Richards's death.
The jury will also have the opportunity to make recommendations aimed at preventing deaths under similar circumstances.
I told Ryan [Cyr, the director operations] that, you know, there is a danger in these and how we do it over here.
- Verne 'Joe' Reynolds, buyer for AIM Maine
Reynolds told the WorkSafeNB official he contacted AIM in Saint John about the calendar rolls before Richards was killed.
"I did reach out to Ryan [Cyr, the director of operations, by phone] and let them know about these rolls. … I'm not going to lie for anybody," he said.
"I reached out to Ryan, Adam Wallace [who was then-production supervisor] and Adam Hamilton and let them know about these rolls and how they need to be addressed.
"I told Ryan that, you know, there is a danger in these and how we do it over here."
Reynolds said he was "very upset" when heard about the fatal accident. "I did a lot of cussin'. I called them a few choice words, idiots."
Warning came a week after fatal accident
Wallace testified that Reynolds called him about a week after Richards's death to express condolences.
"At that point he expressed to me that he was aware that these [calender rolls] were dangerous.
"I said, 'I wish you would've told us this in advance.'"
Reynolds offered no response, he said.
It was Richards who suggested using a circular saw on the calender rolls, said Wallace. Richards indicated he had dealt with calendar rolls before and "had no concerns about it.
"His reaction was, "I can have these cleaned up within 48 hours."
Wallace, who is now operations manager, said he had no reason to question Richards's plan. He had a lot of experience, a "history of doing things the right way the first time," and was "very much safety conscious" — "the leader" to many, himself included, he said.
AIM rejected hazard identification program
Earlier in the day, Stephanie Spinney, AIM's health and safety adviser, said she helped develop a hazard identification program after Richards's death, but it was never implemented.
"It was too robust. [AIM] didn't want to do it," she said.
Crown prosecutor Chris Titus clarified, "So you wrote a policy to say, 'Hey, we need something to deal with that,' … but you submitted it to your superiors and they said, 'No, we're not doing that'?"
"Yes," Spinney replied, as members of Richards's family looked on from the front row of the Saint John courtroom, "because it was stated in a conversation that if they do hazard analysis on every piece of [scrap metal] that came in those gates we wouldn't have … a business."
WorkSafeNB identified 'gaps'
Spinney testified she worked on the hazard identification program with colleagues after WorkSafeNB officials conducted a "gap analysis" of AIM's west side metal recycling facility following Richards's death.
"My job was to work on this … safety plan, to get us up to speed on what was required," she said.
Support from above "was lacking" though, Spinney said, singling out Ryan Cyr, the director of operations.
Darrell
Richards's widow Bessie Collins (left) and daughter-in-law Kelsey
Bailey have been among the family members attending the inquest and
submitting written questions for some witnesses to the two Crown
prosecutors assisting the deputy chief coroner with the proceedings. (CBC)
There have been some safety improvements since Richards's death, however, she said.
For example, workers carry cards with them that identify hazards for particular jobs and steps to mitigate them.
The company has also hired additional health and safety officers for the region.
Hazards now identified before they arrive, says vp
Michael Cormier, AIM's vice-president of operations for Atlantic Canada and Maine, acknowledged there is no hazards-specific program in place.
Inspectors are, however, trained on what items the company doesn't want to receive, which would include hazardous items, he said.
Crown prosecutor Patrick Wilbur asked how robust the training is.
"It's certainly a lot more robust" than it was in 2022, replied Cormier.
Michael
Cormier, AIM's vice-president for Atlantic Canada and Maine, said the
company has restructured the reporting of incidents and accidents. When
an investigation is completed, the company now sends a 'safety flash' to
the entire organization. (Graham Thompson/CBC)
"What's even more important is how we identify the potential hazardous material prior to it entering the facilities."
AIM's scrap buyers are now also trained on rejectable materials, and will flag any issues, he said. An AIM operations and safety team will then go see the material in question, conduct a risk analysis and create a safe working procedure.
"Now more than ever, the buying process is more intertwined with operations and health and safety," said Cormier.
It's not a formal process yet, but "everyone's aware of it," and a draft policy is written, he said.
The inquest continues Wednesday at 9 a.m.
"At that point he expressed to me that he was aware that these [calender rolls] were dangerous.
"I said, 'I wish you would've told us this in advance.'"
Reynolds offered no response, he said.
Furthermore IMHO Mr Richards should never have taken the a contract of stripping the cotton from the calender roll until he knew what the job entailed and how he was going to go about it safely. Imagine if he had hired someone to assist him and handed that guy the circular saw?
"His reaction was, "I can have these cleaned up within 48 hours."
Wallace, who is now operations manager, said he had no reason to question Richards's plan. He had a lot of experience, a "history of doing things the right way the first time," and was "very much safety conscious" — "the leader" to many, himself included, he said.
Inquest into death of worker at American Iron & Metal in Saint John begins with jury selection
Darrell Richards, 60, died nearly 2 years ago from injuries sustained at west side metal recycling plant
A coroner's inquest into a workplace death at the American Iron & Metal scrapyard in west Saint John nearly two years ago got underway today with jury selection.
Deputy chief coroner Michael Johnston and the five-member jury will publicly hear evidence from witnesses to determine the facts surrounding the death of Darrell Richards, a contractor.
Richards, 60, was injured at the metal recycling plant on June 30, 2022, while cutting into a calender roll with a circular saw to strip material, held under extreme pressure, from the metal shaft.
He underwent emergency surgery, but the married father of three died in hospital the next day.
The jury of three men and two women, selected after nearly two hours from a pool of about 50, will have the opportunity to make recommendations aimed at preventing deaths under similar circumstances.
Members of family present
In his opening remarks, Johnston urged the jurors to disregard anything they may have heard or read about Richards's death and base their findings or recommendations solely on the evidence that's presented. About seven witnesses are expected to testify, he said.
Johnston also stressed that a coroner's inquest is not a criminal procedure and does not "determine blame, guilt or responsibility."
It's designed to serve three primary functions — to publicly ascertain the facts related to deaths, to focus community attention on and initiate a community response to preventable deaths, and to satisfy the community that the circumstances surrounding the death of one of its members will not be "overlooked, concealed, or ignored," he said, as members of Richards's family looked on from the front row of the Saint John courtroom.
Jessica Bungay, a lawyer representing AIM, is also present.
Company pled guilty in death
In February, a provincial court judge ordered American Iron & Metal to pay $107,000 to establish a workplace safety-focused scholarship at the New Brunswick Community College in the name of Richards, after the company changed its plea to guilty on one of four charges under the Occupational Health and Safety Act.
The company admitted to failing to take every reasonable precaution to ensure the health and safety of any person having access or using that place of employment by failing to provide information on the hazards of a calender roll to Richards.
Calender rolls, which are about 33 inches in diameter and weigh tens of thousands of pounds, are used in paper production. The metal shaft is covered with approximately 250,000 sheets of cotton denim, which are locked in place and under 2,600 tons of pressure.
The inquest is being held at the Saint John Law Courts building. (Roger Cosman/CBC)
Workers at AIM 's Saint John facility had no experience dismantling calender rolls and were unaware of the danger associated with them, the court heard.
Richards was straddling the roll when he cut into it, releasing about 1,500 tonnes of pressure and severing his femoral artery, causing severe blood loss.
The Crown withdrew the other three charges against AIM at sentencing — failing to properly protect and train Richards, and failing to make sure work was overseen by trained supervisors.
Each offence carries a maximum penalty of a $250,000 fine or six months in jail, or both.
Although the Department of Justice and Public Safety said the coroner's inquest is scheduled to last all week, Johnston told the court he expects it to take three days.
CBC's Journalistic Standards and Practices
Inquest ordered into death of worker at American Iron & Metal in Saint John
Darrell Richards, 60, died nearly 2 years ago from injuries sustained at west side metal recycling plant
A coroner's inquest will be held next week into the death of a worker at American Iron & Metal in Saint John nearly two years ago.
Darrell Edward Richards, 60, was injured at the west side scrapyard on June 30, 2022. The married father of three died in hospital the next day.
The inquest will be held June 3-7 at the Saint John courthouse, starting at 9 a.m., with jury selection, the Department of Justice and Public Safety announced Monday.
Deputy chief coroner Michael Johnston and a jury will publicly hear evidence from witnesses to determine the facts surrounding Richards's death.
The jury will also have the opportunity to make recommendations aimed at preventing deaths under similar circumstances.
Company pled guilty in death
The inquest follows a court case earlier this year involving Richards's death and an unrelated workplace incident at the Point Lepreau nuclear plant in 2021.
American Iron & Metal was ordered in February to pay $107,000 to establish a workplace safety-focused scholarship at the New Brunswick Community College in the name of Richards, after the company changed its plea to guilty to two charges under the Occupational Health and Safety Act.
The Saint John provincial court heard Richards was injured while straddling a large calender roll, a roller used in paper production, and cutting into it with a circular saw to strip material from the metal shaft.
"Approximately 3,750 pounds of material under at least 1,500 tons of pressure released with enough force to send pieces of material several feet into the air and dispersed across the job site," Judge Claude Haché said. "The release caused a deep laceration of Mr. Richards's groin area, severing his femoral artery and causing severe blood loss."
The inquest will be held at the Saint John Law Courts building. (Roger Cosman/CBC)
AIM initially faced four charges in connection with Richards's death. The charge AIM pleaded guilty to was failing to take every reasonable precaution to ensure the health and safety of any person having access or using that place of employment by failing to provide information on the hazards of a calender roll to Richards.
In connection with the unrelated Point Lepreau incident on Dec. 3, 2021, AIM also pleaded guilty to failing to ensure that an employee who is not a qualified person does not carry out any work that is liable to bring any person or object closer than 3.6 metres to an energized electrical utility line.
Each offence carries a maximum penalty of a $250,000 fine or six months in jail, or both.
The judge based his sentence on a joint recommendation by the Crown and defence for an "alternative sentence."
7 recommendations in previous death inquest
Richards was the second worker to die on the job at AIM in a seven-month period, causing an outcry from local politicians and residents.
Bruce Lagacé, 48, an employee of Deschênes Drilling, was crushed at the metal recycling plant on Nov. 24, 2021, when his trailer of scrap metal was being unloaded by an AIM crane operator.
A coroner's inquest held last year into his death resulted in seven recommendations, including that drivers not stay in their vehicle during offloading.
Operations at AIM's west Saint John site have remained suspended since September, when a massive fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke.
A coroner's inquest is not a criminal procedure and does not involve a finding of guilt or responsibility.
AIM pleads guilty in 2022 Saint John scrapyard death of Darrell Richards
Company also pleads guilty to unrelated safety charge at Point Lepreau in 2021
American Iron and Metal has pleaded guilty in connection with the death of a worker at its Saint John scrapyard in 2022, and to an unrelated safety charge stemming from an incident at the Point Lepreau nuclear plant in 2021.
The company was scheduled to go to trial on both charges in March, but during a pre-trial conference in Saint John Friday, Crown prosecutor Wes McIntosh advised provincial court Judge Claude Haché the parties had reached an agreement.
AIM was facing four charges under the Occupational Health and Safety Act in the death of Darrell Richards, 60.
Richards, a married father of three, died in hospital on July 1, 2022, after being injured at the west side scrapyard the day before while cutting into a calender roll with a circular saw.
Calender rolls are used in paper production, said McIntosh. They're constructed of a metal shaft covered with approximately 250,000 sheets of cotton denim. The sheets are locked in place and under 2,600 tons of pressure. The rolls are 33 inches in diameter and weigh tens of thousands of pounds, he said.
When Richards straddled the calender roll and cut into it to strip the material from the metal shaft, "approximately 37,050 pounds of material under at least 1,500 tons of pressure released with enough force to send pieces of material several feet in the air and disperse across the job site," said McIntosh.
The release caused a deep laceration to Richards's groin area, severing his femoral artery and causing severe blood loss.
Employees responded quickly and provided first aid and emergency crews arrived soon after, but Richards succumbed to his injuries at 2:05 a.m., said McIntosh, as several of the roughly 20 relatives and friends who filled the front rows of the courtroom cried quietly.
The calendar roll came from an AIM facility in Maine, which was "aware of the hazards associated with dismantling calendar rolls and had developed their own procedures," including using a cutting torch, using a demolition shear excavator attachment, and setting a 70 foot-safety zone, excluding anyone not actively involved in commissioning the roll, according to McIntosh.
"AIM N.B. had no experience dismantling calendar rolls and were unaware of the danger associated with them," he said.
AIM changed its plea to guilty on one count — failing to take every reasonable precaution to ensure the health and safety of Richards by failing to provide him with information on the hazards of a calender roll.
The Crown plans to withdraw the other three charges at sentencing, McIntosh said. These include failing to properly protect and train Richards, and failing to make sure work was overseen by trained supervisors.
"We're very glad that today has come, that it is finally over, that AIM has taken accountability and that they did not make it go to trial," Richards's daughter-in-law Kelsey Bailey told CBC outside the courthouse.
"Of course nothing can bring Darrell back, but we are glad to have some type of closure."
AIM failed to keep him safe so he could come home to me. I pray this never happens to another family.
- Bessie Collins, widow
Bailey read an impact statement aloud in court on behalf of Richards's wife of 43 years, Bessie Collins, who has cancer.
"No words that I can speak can equal all the pain, loss and suffering I have felt in his 582 days since his death," wrote Collins.
"Darrell and I had finally gotten to the time of our lives where we would start and enjoy everything we had worked so hard to build together," such as his Harley and their camp, their "little slice of heaven."
He "worked damn hard" and "should be hunting and fishing or playing golf," wrote Collins.
Instead, he has been "ripped away."
"AIM failed to keep him safe so he could come home to me. I pray this never happens to another family."
American
Iron & Metal vice-president for the eastern region Michael Cormier
attended the hearing Friday but declined to comment. (Graham Thompson/CBC)
Richards's aunt Irene Owens said he was always Collins' anchor when hard times came and she wished he could be here for her now.
"He truly was the other half of her. He once told me nothing would ever make him leave her. His death was the only thing he didn't see coming," she said.
Owens described Richards as someone who always had a big smile and a hug for everyone, and "always left you feeling better about yourself."
"I'm quite sure he never met a stranger, just a friend waiting to happen," she said.
Richards's sister, Vanessa Richards-Stone, said he was a remarkable person — caring, compassionate and a "pillar of strength" for the whole family.
"His memory will forever be cherished and his absence will forever be felt."
He had an innate capacity to make others feel valued and understood, an uncanny ability to find joy in even the most simple things, and a knack for diffusing tense situations with a well-timed joke, said Richards-Stone.
"Safety was always paramount to Darrell, and he approached every aspect of his life with the highest regard for it … Whether it was following safety guidelines at work or simply reminding loved ones to take care of themselves, Darrell was relentless in his commitment to safeguarding those he cared about and worked with," she told the court.
Outside court, Bailey agreed. "He was the epitome of safety. I couldn't even mow my lawn without wearing safety goggles. If he was around me, he would say, 'Where's your safety goggles? Get those on, girl.'"
Truck burned to the ground
AIM also changed its plea to guilty of failing to keep unqualified employees from working closer than 3.6 metres to a powered utility line in Maces Bay on Dec. 3, 2021.
An AIM truck driver steered the boom, or extendable arm, into high-voltage power lines while lifting a can containing scrap metal onto the truck, said McIntosh, reading from an agreed statement of facts.
No one was injured, "but they could have been," he said. The vehicle burned to the ground, the line was damaged and power was knocked out for about three hours.
AIM did not have a code of practice or procedure at the time for work being done in close proximity to electrical utility lines, the court heard.
Bursary proposed instead of fine or jail time
The workplace fatal charge carries a maximum fine of $250,000, up to six months in jail, or both, while the maximum penalty for the Point Lepreau incident is a fine of $250,000.
But the Crown and defence lawyer Jessica Bungay jointly recommended "alternative sentencing" instead — the establishment of a workplace-safety focused bursary of $107,000 at the New Brunswick Community College in Richards's name, as part of a 30-day probation order.
As Richards was a member of a visible minority, they recommended that the student recipient also be a member of a visible minority, with a demonstrated commitment to workplace safety.
The judge questioned the public perception of the lack of words, such as fine or penalty or punishment.
AIM is scheduled to be sentenced on Feb. 14 at 9:30 a.m. (Roger Cosman/CBC)
"It's the same amount of money coming out of AIM's pocket, it's just what we do with it," replied McIntosh. "Do we put it in the general budget," by ordering AIM to pay a fine, "or do we direct it in a way that helps rectify this from happening in the future? And that's what we're aiming at."
The Darrell Edward Richards Bursary would help train young people, said McIntosh, "and hopefully those young people will be trained in ways that make their own workplaces safer in the future."
It's "well within the range of appropriate sentences," he said, citing case law. He also pointed to the company's guilty plea as a mitigating factor, because it spared the court a "complex and lengthy trial," and spared the family the trauma.
Haché has reserved decision on sentencing until Wednesday at 9:30 a.m.
Richards's family supports the bursary proposal, according to his daughter-in-law.
It's "absolutely incredible to know that out of something so tragic that at least we will be able to keep his name alive, his memory, and that people will learn, you know, from this tragic mistake, this tragic accident, and you know, something good could come out of this," Bailey said.
"At the end of the day, nothing will bring Darrell back. It doesn't matter what is said, what penalty … is put on the company, it will never bring him back. We just want to make sure that something like this never happens to another family, that another wife doesn't lose her husband, or their father, you know, and that companies are held accountable when they do not protect their employees."
AIM vice-president for the eastern region Michael Cormier was present for the hearing, but declined to comment.
Bungay told the court the company acknowledges a workplace fatality is "the most severe harm that can occur" and is "deeply regretful."
The New Brunswick government is currently inspecting AIM's scrapyards in Saint John, Moncton and Fredericton to see if they're now in compliance with the fire code.
They were among 10 sites issued compliance notices following inspections prompted by a massive fire at the Saint John scrapyard Sept. 14 that burned for two days and resulted in a city-wide shelter in place order because of hazardous smoke.
Operations in Saint John have been suspended since then and the provincial government subsequently revoked the company's licence for the Saint John scrapyard.
Jessica Bungay
Jessica is a Partner in the Fredericton office of Cox & Palmer, practicing in the areas of employment, labour, human rights and administrative law. She is also the Chair of Cox & Palmer’s Regional Employment & Labour Group.
Adept at handling delicate situations, Jessica helps clients solve workplace issues, while also anticipating potential future issues and establishing a plan to mitigate risks. Whether it’s issues relating to day-to-day operations or complex litigation, with questions ranging from contractual obligations to discipline and termination, Jessica works with her clients to develop strategies to reach the best possible outcome.
Among a small number of lawyers in New Brunswick handling a variety of complex workplace legal matters, Jessica has extensive experience addressing issues in both unionized and non-unionized workplaces. Through understanding the legal issues and the business of her clients, Jessica is able to develop solutions that solve the problems they face.
Experience
Jessica provides advice to both provincially and federally regulated employers. She has extensive experience in employment, labour, human rights and administrative law including:
- Union certification/decertification applications
- Unfair labour practice complaints
- Grievance arbitrations
- Attendance management
- Labour injunctions
- Collective bargaining
- Occupational health and safety matters
- Pensions
- Human rights complaints
- Wrongful dismissal actions
- Disability claims
- Drafting and reviewing employment policies
Experience
-
Office of the Ombudsman May 2009 to Apr 2010 · 1 yrInvestigator
-
Mount Saint Vincent UniversityAdmissions Liaison Officer
Education
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Inquest into death at Saint John scrapyard ends with 7 recommendations from jury
Bruce Lagacé, 48, was killed at American Iron and Metal on Nov. 24, 2021
A jury has come up with seven recommendations at the inquest into the death of a truck driver at American Iron and Metal in Saint John two years ago.
Bruce Lagacé, 48, an employee of Deschênes Drilling, was crushed at the metal recycling plant on Nov. 24, 2021, when his trailer of scrap metal was being unloaded by an AIM crane operator.
A WorkSafeNB investigation found Lagacé had entered his trailer using a door by the cab and the crane operator, not seeing him, continued to use a large, heavy bundle of chain-link fence to sweep out any debris.
The jury recommends drivers not stay in their vehicle during offloading.
Instead, drivers should remain in a designated safe area until a site employee indicates it is safe to return to their vehicle, the jury said.
The cleaning process should also be completed at a designated cleaning area.
Upon arrival at a site, a receiver should ensure the customer has signed updated safety procedures and protocols, and there should be a clear procedure for communicating any transfer of duties, the foreperson said on behalf of the five-member jury.
In addition, the jury recommends safety procedures be reviewed periodically by a third party and updated when needed, and there should be punitive measures for safety infractions.
Recommendations, not orders
Coroner Michael Johnston will deliver the recommendations to the relevant agencies to review and act upon. They will have six months to respond, he said.
Johnston noted they are recommendations only — not orders, but he will include any responses — or lack thereof — in his annual report.
A coroner's inquest is not a criminal procedure and does not assign guilt or responsibility, he stressed.
Lagacé's family did not attend the inquest. The coroner's office was in contact with them in preparation for the inquest, "however they decided they were not going to attend because it would be too difficult to relive the situation," Johnston told reporters.
Coroner
Michael Johnston, at right, pictured with Crown prosecutor Patrick
Wilbur, said coroner services speaks for the dead to protect the living,
and inquests help satisfy the community 'that the circumstances
surrounding the death of one of its members will not be overlooked,
concealed or ignored.' (Graham Thompson/CBC)
He publicly offered his condolences to the family and thanked the jurors for their diligence.
The jurors heard evidence from 13 witnesses over two days and delivered their recommendations after deliberating for about three and a half hours.
"As coroners, we deal with death every day and it can be hard on us as well. I can only imagine what it's like for folks like you that don't deal with it every day," Johnston said.
"So just please know that it can weigh on your mind. It can be heavy," he said, encouraging the jurors to reach out for help if they need it.
'Non-survivable injury'
Earlier Wednesday, Saint John Regional Hospital ER physician Matt Greer testified staff rushed to prepare space, equipment and other resources for the arrival of Lagacé. But he was pronounced dead within six minutes.
Lagacé had no vital signs, his rib cage was "non-existent," and he had already been receiving CPR for at least 30 minutes, he said.
The ER team quickly determined Lagacé had a "non-survivable injury" and Greer declared his time of death as 10:07 a.m. — roughly one hour after AIM security video showed Lagacé enter his trailer.
The
ball of fencing AIM crane operators use to sweep out trailers weighs
hundreds of pounds, estimated WorkSafeNB manager of investigations
Michel Cyr. (Submitted by WorkSafeNB)
The pathologist who conducted the autopsy, Dr. Ather Naseemuddin, said Lagacé's upper spine was also severed and his lungs, lacerated. His injuries were "incompatible with life."
A toxicology screening found no illicit drugs or any drugs that would suggest impairment, said Naseemuddin.
He ruled the cause of death was multiple blunt force injuries to his head, chest and abdomen.
Employer suggests padlock on trailers
Gilles Deschênes, the owner of Deschênes Drilling, described Lagacé as a good, reliable employee. Lagacé, who was previously an entrepreneur, got into trucking 12 or 15 years ago and had worked for him for about two years, he said in French through an interpreter.
He was knowledgeable about trucks and the only employee responsible for transporting scrap metal to Saint John, said Deschênes, who testified via video conference.
Normally, Lagacé took about three loads a month, but around the time of his death, it jumped to three or four a week because Deschênes was cleaning out his yard before winter, when it's more expensive to transport and sort, the jury heard.
Lagacé never shared any concerns about safety procedures regarding the unloading of material at AIM, Deschênes said.
This
rear view of Lagacé's trailer shows the debris that was still in it,
which the crane operator was trying to remove, when Lagacé was crushed.
It also shows the door near the cab he used to enter the trailer, unseen
by the crane operator. (Submitted by WorkSafeNB)
Deschênes Drilling hasn't made any deliveries to AIM since Lagacé's death. "We were getting short on material," he explained.
But the company is currently in talks with AIM to recommence, he said.
There have been no discussions about the company's new site security procedures. "We're not there yet, we're only to monthly prices," Deschênes said.
He hasn't discussed what happened to Lagacé with his employees, he said, but intends to tell anyone who takes over deliveries.
Deschênes suggested a padlock on trailer doors upon arrival on-site should be considered to improve safety.
22 safety orders issued at AIM since death
In the two years since Lagacé was crushed to death at American Iron and Metal, WorkSafeNB has issued 22 orders to the company to fix health and safety issues at its scrap metal plant in Saint John, manager of investigations Michel Cyr, who was recalled to testify Wednesday, told the jury.
The workplace safety organization has also repeatedly offered to send a group of its consultants to help AIM develop its policies, procedures and directives since Lagacé died, he said.
But, "as of 10:30 this morning, I confirmed with the director, there has never been an acceptance."
After Lagacé's death and other incidents at AIM, WorkSafeNB decided to step up its inspections at the scrap metal plant to once a month, said Cyr. With a limited number of inspectors and roughly 15,000 assessed workplaces in the province, they can't monitor every one, but "higher-risk" sites are typically visited once or twice a year, he said.
AIM has had "several incidents," including a few cases with trials pending, said Cyr, without elaborating.
WorksafeNB
had 10 meetings with American Iron and Metal in 2022 and each time
offered the company the help of a group of consultants to develop site
safety procedures and protocols, but AIM has never accepted, said
manager of investigations Michel Cyr. (Graham Thompson/CBC)
In 2022, WorkSafeNB issued 11 orders to AIM to "remedy some situations," he said.
"And this year we're up to 11 orders as well."
Crown prosecutor Chris Titus did not ask Cyr to describe the nature of those orders, or how many of them are outstanding, but he did note that if there were any "major issues," WorkSafeNB could issue a stop-work order.
Cyr agreed and added that if a company doesn't comply with an order, WorkSafeNB can "escalate" and proceed to prosecution. That hasn't happened, he said.
'Constantly improving'
AIM is "constantly improving on [its] health and safety measures," Michael Cormier, vice-president for the eastern region, testified.
For example, drivers were previously provided with a one-page site safety document to sign annually, he said. AIM now lays out the responsibilities of the drivers, operators and inspectors, which could be updated more frequently.
All contractors — not just drivers — must also complete site safety orientation, which covers everything from required personal protective equipment, to AIM's emergency response plan, as well as its harassment and violence policy, said Cormier.
AIM's
new site safety rules in 2021, which were signed by Lagacé just five
deaths before his death and found inside his truck, did not indicate
drivers had to remain in their cabs during offloading, the jury heard
Wednesday. (Submitted by WorkSafeNB)
In addition, AIM has doubled the number of safety advisors to four since Lagacé's death and restructured to have a local safety manager, instead of being based in Hamilton, Ont., he said.
Operators and inspectors still can't communicate with drivers on the company's internal radio system, said Cormier. But inspectors are supposed to keep drivers within their sight, drivers are supposed to remain in their trucks, and operations are supposed to cease if they don't.
AIM also has daily safety meetings, he said, and employees must carry "hazard awareness cards" on them at all times to ensure they stop before doing a task to consider the potential risks and come up with a plan.
Cormier testified before Cyr, and Crown prosecutor Patrick Wilbur did not ask him about the 22 orders issued by WorkSafeNB or the company's refusal to accept the help of consultants.
Although AIM employees testified Tuesday that an inspector was present when Lagacé's trailer was being unloaded, Cyr replayed the company's security video from that day and pointed out, "there's no inspectors around."
WorkSafeNB officials obtained audio statements in the days following Lagacé's death and were told "one inspector handled four or five trucks at a time," Cyr added.
AIM pleads not guilty to 4 counts related to worker's death
Metal recycling company accused of failing to protect, train and supervise worker Darrell Richards
American Iron and Metal pleaded not guilty Tuesday to four workplace safety charges after a 60-year-old worker died on the job.
Lawyer Jennifer Adam entered the plea in Saint John provincial court on behalf of the metal recycling company.
In June 2022, Darrell Richards was injured while working at the company's scrapyard on the west side of Saint John. He later died in hospital.
The Crown is prosecuting AIM for allegedly failing to properly protect, train or inform Richards, and failing to make sure work was overseen by trained supervisors.
Judge Claude Haché set the trial dates for March 4, 5, and 6 of 2024. A pre-trial conference is scheduled for Oct. 23.
On each charge, a finding of guilt carries a maximum fine of $250,000, a maximum of six months in jail or both.
Not the only death at the scrapyard
Richards was injured while cutting into a calender roll with a saw in order to prepare it for recycling. A calender roll is a large cylinder, typically made of steel and sometimes covered in fibre, used to press paper and plastic.
When Richards cut into it, it decompressed, lacerating his leg and causing bleeding, his daughter-in-law said at an AIM-organized news conference last year
Richards was the second worker to die on the job at AIM in a seven-month period, causing an outcry from local politicians and residents. The first worker, who was never publicly identified, died after getting swept out of a truck bed by a crane wielding a large ball of metal fencing used to clean out small debris.
WorkSafeNB recommended charges against AIM in the death of the unidentified man, but the Crown rejected those charges because there was no reasonable chance of conviction.
AIM signed a 40-year-lease for its scrapyard with the Port of Saint John in 2002 and has since been the site of fires and dozens of loud explosions. Mayors, a member of Parliament, and community members have called for AIM's licence to be suspended.
ABOUT THE AUTHOR
https://coxandpalmerlaw.com/people/jennifer-m-adam/
Jennifer is an Associate at our Saint John office. Prior to joining the team as an Associate, Jennifer worked as a summer student and an articling student with our firm. She earned her law degree at the University of New Brunswick in 2020 and was called to the New Brunswick Bar in 2021. Before starting on her legal career path, Jennifer attended the University of New Brunswick to obtain a Bachelor of Science with a double major in Earth Science and Physics.
Jennifer practices in the fields of corporate and commercial law, administrative law, and real estate law.
In her spare time, Jennifer likes to stay active by exploring new hiking trails with her dog, and taking care of her growing collection of house plants. She also enjoys spending time with friends and family, and travelling.
https://www.cbc.ca/news/canada/new-brunswick/american-iron-and-metal-recycling-work-safety-1.6773071
AIM worker's death leads to 4 workplace safety charges against Saint John scrapyard
Darrell Richards died in the summer of 2022 after getting injured on the job
American Iron and Metal Inc. is facing four workplace safety charges after the death of a 60-year-old worker at a west Saint John scrapyard.
In June 2022, Darrell Richards was injured on the job and later died in hospital. WorkSafeNB has reviewed Richards' death and found enough evidence to recommend charges against the metal recycling company.
The Crown has accepted those charges and is prosecuting AIM for allegedly failing to properly protect, train and inform Richards, and failing to make sure work is overseen by trained supervisors.
Richards was injured while cutting into a calender roll with a saw. A calender roll is a large cylinder, typically made of steel and sometimes covered in fibre, used to press paper and plastic. When Richards cut into it, it decompressed, lacerating his leg and causing bleeding, said his daughter-in-law at an AIM-organized news conference last year.
All four charges are under New Brunswick's Occupational Health and Safety Act. The first charge alleges that AIM failed to take every reasonable precaution to ensure the health and safety of Richards. The second alleges it failed to provide information on the hazards of handling and disposing of a calender roll.
The third alleges AIM failed to provide the information that is necessary for health and safety, and the fourth alleges it failed to ensure that work is competently supervised and that supervisors have sufficient knowledge.
If found guilty, each charge carries a maximum fine of $250,000, a maximum of six months in jail, or both.
WorkSafeNB spokesperson Laragh Dooley provided details of each charge. Because the incident is now before the courts, she said "we are unable to release the report and cannot comment further."
There were no public notifications about the charges. They were officially laid in late February, Dooley said.
The American Iron and Metal facility at 145 Gateway Street in west Saint John. (Julia Wright/CBC)
Richards was the second worker to die on the job at AIM in a seven-month period, causing an outcry from local politicians and residents. The first worker, who was never publicly identified, died after getting swept out of a truck bed by a crane wielding a large ball of metal fencing used to clean out small debris.
WorkSafeNB recommended charges against AIM in the death of the unidentified man, but the Crown rejected those charges because there was no reasonable chance of conviction.
AIM signed a 40-year-lease for its scrapyard with the Port of Saint John in 2002 and has since been the site of fires and dozens of loud explosions. Mayors, a member of Parliament, and community members have called for AIM's licence to be suspended.
ABOUT THE AUTHOR
Crown will not pursue recommended charge against AIM in worker's death
Man was killed after unloading a truck at Saint John scrapyard, 1st of 2 deaths within 7 months
A WorkSafeNB investigation found enough evidence to recommend a charge against American Iron and Metal after a worker was swept to his death at the west side Saint John plant, but the Crown will not be pursuing it.
The workplace safety organization recommended the Crown lay a charge under the Occupational Health and Safety Act, alleging that AIM failed to ensure the health and safety of truck drivers, and failed to have a safe procedure for drivers to enter trailers after they were unloaded.
WorkSafeNB spokesperson Laragh Dooley said after reviewing the recommendation, the Crown determined that "there was insufficient evidence to give a reasonable probability of conviction."
The unnamed worker was the first of two workers to die at the AIM plant within seven months. The investigation into the death of the second worker, Darrel Richards, is still going on.
Crane operators at American Iron and Metal use a ball of fencing held in a crane grapple to sweep out trailers. (WorkSafeNB/Submitted)
The WorkSafeNB investigation found that the worker died because he entered the trailer while it was still being unloaded and was swept away by a crane wielding a large ball of metal fencing used to clean out small debris.
AIM has an internal policy that no trailers should be loaded or unloaded while truck drivers are outside their cab. But the investigator found video evidence between Nov. 8 and Nov. 19 that shows drivers outside of the cabs during unloading, one even helping the crane operator attach a magnet.
The report said AIM did not have a written procedure that was specific to how trucks are processed and unloaded. The investigator found workers did things differently depending on who's on shift.
"Some employees indicated that the drivers are to always remain in their vehicle, while some said if the driver prefers to wait outside their vehicle, they are to remain in front and not wander around during operation," the report said.
The worker who died entered the trailer through the small cab-side door, the report says. (WorkSafeNB/Submitted)
AIM also has general written guidance for outside contractors that prohibits leaving the cab or entering the trailer during unloading. However, AIM was unable to provide a record that the deceased man's company received or signed the document.
"There is no evidence that indicates Deschenes Drilling ever received this contractor's orientation," the report said.
Dooley said since the death of the worker, AIM has corrected the lack of written safety processes for truck drivers.
"This new safety procedure for truck drivers was reviewed by WorkSafeNB and found to comply with legislative requirements," she said.
American Iron and Metal CEO Herbert Black declined to comment Tuesday.
When asked why there was insufficient evidence for a reasonable probability of conviction, Department of Justice spokesperson Judy Désalliers said "The facts and circumstances of this particular case, as investigated and as presented to the Crown prosecutor, did not support the laying of a charge."
In the emailed statement, Désalliers said the Crown will only follow up with WorkSafeNB and suggest additional work if it furthers the charge.
"However, if the facts do not support that action, then the file is considered closed," she said.
Crane operator did not realize driver was inside trailer
On Nov. 24, 2021, the unnamed worker was delivering scrap metal to the recycling facility for Deschenes Drilling.
An AIM employee operating a crane began offloading the trailer. The operator first used crane grapples to move large scrap metal and then a "wire brush," a ball of galvanized steel fencing held in the grapple, to sweep the trailer.
A video viewed by the investigator shows the worker entering and exiting the cab of the truck, and moving around the driver and passenger side. It also shows him gesturing toward the crane.
At around 9 a.m., the worker climbed into the trailer. The report did not say why. The crane operator did not see the worker enter the trailer, the report says, because he was turned away.
Cranes are used to unload trailers of scrap metal delivered to the American Iron and Metal facility. (WorkSafeNB/Submitted)
The operator dropped the wire brush on the ground and appeared to be finished with sweeping, the report says.
For approximately two minutes, while the worker was in the trailer, the operator used the grapples to move a few pieces around on the ground.
Then the crane operator picked up the ball of fencing to rake out the trailer again, and swept the worker out of the trailer into a pile of scrap.
The report said there is no radio communication between the truck driver and the crane operator, and the operator cannot see the floor of the trailer from the crane cab.
The operator continued sweeping the trailer for several minutes, stopping only after noticing the worker's legs under a pile of scrap, the report said.
The worker died in hospital, the report says.
"There were no witnesses to the incident other than the operator who did not see [redacted] enter the trailer," the report says.
AIM's offloading procedures, some not followed
According to the report, AIM has internal procedures to inspect certain loads because of concerns about some scrap containing explosive materials. Procedure says any unapproved loads should be unloaded to the ground and spread out for easier searching, and this was the case for Deschenes Drilling loads.
The investigator found that this policy, which does prohibit loading or unloading while drivers are outside the cab, is not circulated to drivers or outside companies, only internally.
The external contractor orientation document also included guidance about leaving the cab during unloading, but AIM wasn't able to prove this document was provided to Deschenes Drilling.
AIM also has another document titled Site Safety that's given to all drivers entering the facility on the west side.
"This document is very general in nature and does not provide any specific instructions related to how the unloading process will unfold," the report says.
The worker who died did receive the document and signed it on Nov. 19, "but it was not returned to AIM."
One worker interviewed also said there are times when the drivers will inspect their own trailers if the yard is short on inspectors. But in these cases, the grapple would be lowered to the ground.
However, videos from Nov. 8 and Nov. 10 shows a driver climbing behind his cab onto the trailer while the grapples are in the air.
"In both these instances, an inspector is present, observing the behaviour," the report says.
"Video evidence does suggest that [the deceased worker] was familiar with the procedure for moving his truck away from the unloading area to clean sweep his trailer."
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AIM pleads not guilty to workplace safety charge
Metal recycling company charged with failing to make sure worker is qualified
American Iron and Metal pleaded not guilty Monday to a workplace safety charge stemming from an incident at the Point Lepreau nuclear plant late last year.
AIM is facing a charge of failing to make sure all employees carrying out work are qualified.
The case follows an incident on Dec. 3, 2021, in Maces Bay, in which a boom, or an extendable arm, of a truck carrying recyclable materials came in contact with high-voltage lines.
WorkSafeNB spokesperson Laragh Dooley previously said no one was injured.
Lawyer Dawson Harrison appeared on behalf of the metal-recycling company and entered a not guilty plea.
The case has been adjourned until Nov. 25, when lawyers will discuss trial dates.
According to the act, if found guilty, the company could face a maximum fine of $250,000.
No charges in 1 of 2 deaths at AIM
AIM has been under scrutiny for several years because of explosions at its west side scrapyard next to the harbour in Saint John, and because of deaths at the site.
Most recently, this July, employee Darrel Richards died from workplace injuries, the second person to die on the job at AIM within seven months.
The first person, who died in 2021, has not been publicly named. Dooley said Friday that WorkSafeNB completed its investigation into the incident.
"The Crown concluded that there were no prosecutable offences under the Occupational Health and Safety Act or regulations and therefore no charges will be laid," she said in an email.
The investigation into Richards's death continues, she said.
The charge related to the Maces Bay incident alleges AIM failed to make sure that "an employee who is not a qualified person does not carry out any work that is liable to bring any person or object closer than 3.6 [metres] to an energized electrical utility line."
With the case before a court, no one from WorkSafe can be interviewed, Dooley said.
ABOUT THE AUTHOR
Dawson is an Associate in our Fredericton office. Dawson has a keen interest in labour and employment law, administrative law, and regulated professions.
Dawson attended law school at the University of New Brunswick. Dawson graduated from the University of New Brunswick faculty of law with a Juris Doctor in 2021.
Prior to attending law school, Dawson obtained a Bachelor of Arts (Honours) in Sociology and Criminology from St. Thomas University.
Beyond his legal practice, Dawson is an avid sports fan and keeps active by playing, golf, softball, and skiing. He also enjoys the local craft beer scene.
AIM charged with workplace safety violation at Point Lepreau
A charge alleges AIM failed to make sure all employees were qualified
A Saint John metal-recycling plant is going to court after an employee steered an arm of a truck into power lines at the Point Lepreau nuclear power plant.
Representatives from American Iron and Metal Inc. are scheduled to appear in Saint John provincial court Monday to answer to a charge of failing to make sure all employees carrying out work are qualified.
The charge falls under the provincial Occupational Health and Safety Act. The charge sheet filed with the court says the case stems from an incident on Dec. 3, 2021, in Maces Bay, where the boom, an extendable arm, of a truck carrying recyclable materials came in contact with high-voltage lines.
AIM has been under scrutiny for several years because of explosions at its west side scrapyard next to the harbour in Saint John, and because of deaths at the site. Most recently, this July, employee Darrel Richards died from workplace injuries, the second person to die on the job at AIM within seven months.
The charge related to the Maces Bay incident alleges AIM failed to make sure that "an employee who is not a qualified person does not carry out any work that is liable to bring any person or object closer than 3.6 m to an energized electrical utility line."
WorkSafeNB spokesperson Laragh Dooley said in an email no one was injured.
"Since this is currently before the court, we will not be conducting an interview," Dooley wrote.
She said WorkSafeNB continues to investigate the July fatality at the AIM facility.
Dooley has not yet responded to a question about whether the investigation has concluded in the case of the first AIM fatality in November 2021.
Dooley said the WorkSafeNB investigation into the Point Lepreau incident started in December and ended on Feb. 25, 2022, and the charge stems from the findings of the investigation.
She said WorkSafeNB did not issue a stop-work order regarding the December 2021 incident.
According to the act, if found guilty, the company could face a maximum fine of $250,000.
Reached by phone Thursday, Herbert Black, the CEO of American Iron and Metal, said he's on holiday and does not know of the charge and therefore would not have a comment.
"I have no idea at the moment. You're catching me at a bad time," he said.
When asked if there was another spokesperson or anyone knowledgeable of the incident who could comment, he said he did not know.
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'Enough is enough,' MP says after 2nd death in 7 months at Saint John recycling plant
First man to die was truck driver delivering shipment to metal recycling plant
The latest death of an American Iron and Metal worker in Saint John has provoked calls for a shutdown of the waterfront scrap yard.
Coun. Gerry Lowe, whose ward includes the metal recycling company, said the city is helpless, but the province has to do something after Darrel Richards died from workplace injuries last week, the second person to die on the job at AIM in the past seven months.
"I was hoping that more would be done this time than just start it back up again," Lowe said.
Saint John–Rothesay MP Wayne Long said it's time the province suspended AIM's licence.
"Enough is enough," the Liberal said in a tweet. "After 2 deaths in the last 7 months it's time for AIM to end its operations in Saint John."
Labour council calls for shutdown
Long said he wants AIM out of the city, where west side residents have already had to put up with explosions at the yard.
Shawn Gorman Wetmore, the president of the Saint John District Labour Council, said it doesn't make sense there was no full stop-work order after Richards's death last week.
"I don't understand why the building isn't shut down," she said. "You just can't cut out an area of it and continue the plant working safely. And out of respect for this man, it should be shut down till they find out what comes out of it."
Comments by the province so far suggest the public won't learn anything about what happened at AIM for another year. Labour Minister Trevor Holder indicated he can't express any specific safety concerns until an investigation is done.
The AIM plant sits on federal land, but its operations are regulated by the province. The province, however, says safety enforcement is not its responsibility.
CBC News requested an interview with Holder but received an email statement instead.
"The tragic incidents at the AIM facility over the last number of months, including the one last week, deeply concern me as Minister of Labour," the statement said. "Incidents such as these deeply impact families and our communities, and they should never happen.
"At the end of last week, upon learning of the incident at the AIM facility, I reached out to WorkSafeNB to receive an update and to express these concerns. They have assured me that all steps are being taken to ensure a thorough investigation is carried out and that they will issue appropriate orders or recommend charges to the Crown, depending on their findings."
Holder said it would be inappropriate to comment while the investigation is carried out.
In the statement, spokesperson Paul Bradley said the department is responsible for the Occupational Health and Safety Act, but the administration of the act is the responsibility of WorkSafeNB.
"WorkSafeNB is the investigative lead on any workplace incident, and would be in the best position to answer any questions related to any workplace incident."
CBC News has sent a followup request for a response in light of Long and Lowe's comments.
WorkSafeNB spokesperson Laragh Dooley said there was no need for a full shutdown because there is no risk to the full facility, and there are health and safety controls in place.
Dooley said both investigations could take 12 months or more, and no information can be released until they are concluded.
New details about November death
The man who died in November 2021 has still not been identified. On Tuesday, Dooley shared new details about what happened.
"The worker who was killed was a truck driver for a contractor delivering material to the site," she wrote in an email.
"Tragically, he was killed when hit by an attachment on the end of an excavator boom."
A boom is the arm of the excavator that typically has a bucket or clamp at the end of it and is used for digging or moving heavy objects.
In Richards's death seven months later, a press roller used in the compacting process was involved. That machinery has now been shut down, but the rest of the plant is still operating.
Dooley said the stop-work order on the press-roller machinery would be lifted once WorkSafe finds it's safe to operate all rollers.
She also said WorkSafeNB would only shut down an entire facility when there is a risk to the whole facility, and "no health and safety controls are in in place."
Dooley said in November that no stop-work order was issued.
"WorkSafeNB did not issue a stop-work order, as the process was governed by appropriate policies that made the operation safe when followed," she said.
Public deserves information, leaders say
Wetmore said just because workers at AIM don't have a union doesn't mean the company should not be publicly accountable for two deaths.
"I guess you don't get more accountable, until something happens that turns people's heads," she told Information Morning in the Summer.
She said it's time for the metal recycling company to answer questions about worker safety — specifically about the training it provides and the health and safety plans already in place.
She said it's important this information is shared publicly, not just with WorkSafeNB, because investigations into workplace deaths can take a long time.
Lowe said it's "disappointing" that the public has no way to know what happened until the investigations are done after 12 months.
"I think the public demands and should have an answer as to what's taken place," he said. "I think we have a right to know. And I'm not saying as a councillor, I'm just saying the general public should have a right to know."
Darrell
Richards, who died July 1 in a workplace accident at AIM, was the
second person to die on the job at the scrap yard in the last seven
months. (Submitted by Rick Richards)
Shawn Gorman Wetmore said health and safety training is a basic feature of modern workplaces and mandatory, but non-unionized employees might not know what their rights are.
Dooley said that once the investigations are completed, depending on the findings, WorkSafeNB "may recommend that the Department of Justice lay charges against AIM for violations of the Occupational Health and Safety Act and its regulations."
American Iron and Metal has not responded to a request for comment.
Problems at the yard
AIM has been the site of a large fire, many loud explosions, threats of legal action and several stop-work orders since it signed 40-year-lease with the Port of Saint John.
Explosions and fires could be caused by multiple parts of the scrap yard's operations. Fires could be started by friction when non-metal material found in automobile interiors is removed before the metal is recycled.
The company has previously said that the explosions are caused by propane and gasoline tanks in crushed vehicles going through the shredder.
In December 2020, Michael Cormier, general manager of AIM Atlantic, posted on social media promising to reduce the number of explosions.
To do so, a quality control inspector produces daily inspection reports and imposes financial penalties when hazardous materials are found in a client's shipment.
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With files from Information Morning in the Summer
Somebody should explain to Long that the port is under Federal Jurisdiction and accidents do happen and a deal is a deal is a deal
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